The Civil Code regulates how property disputes are handled after divorce

In the process of handling property disputes after divorce, it is divided into litigation and post-divorce property dispute resolution and agreement divorce property dispute settlement.

1. Settlement of Property Disputes after Litigation and Divorce After litigation divorce, due to the legal effect of the court's judgment, the parties have no right to request a redivision of the property involved after the court takes effect. However, the law still provides for remedies for property disputes after divorce under special circumstances.

1. If the joint property of the husband and wife is omitted at the time of divorce, the joint property of the husband and wife may be re-divided;

2. If it is found that the other party has hidden, transferred, sold, or damaged property, or forged debts to embezzle property, the property may be redivided.

II. Settlement of Property Disputes after Divorce by Mutual Consent The division of property between husband and wife in the divorce agreement signed at the time of divorce by mutual agreement has legal effect after the divorce is obtained and the divorce certificate is obtained. However, in the following cases, one party may file a lawsuit for a property dispute after divorce with the court to request a redivision of the marital property.

1. The joint property of the husband and wife is omitted from the divorce agreement;

2. After the divorce is registered, one party does not perform the agreement on the division of property in the divorce agreement;

3. After registering the divorce, one party finds that the other party has hidden, transferred, sold, damaged property or forged debts to embezzle property, and requests to divide the joint property of the husband and wife or dispose of debts again.

III. Settlement of Property Disputes after Divorce Since the division of property is already legally effective at the time of divorce, there are already measures to protect property disputes after divorce. If a party does not file a lawsuit for redivision of property after discovering that they can do so, there is no need for the court to protect your property for divorce. Therefore, in order to save judicial resources and urge the parties to actively exercise their rights, the law stipulates a certain amount of time for how to resolve and deal with property disputes after divorce.

1. Concealing, transferring, selling, or destroying the joint property of the husband and wife, or falsifying debts, resulting in a request for the division of the joint property of the husband and wife. If the other party discovers the above-mentioned acts, he or she has the right to request the division of the joint property of the husband and wife again within two years from the day after the discovery of the party concerned.

2. Where the joint property of the husband and wife is omitted at the time of divorce, the division of the joint property of the husband and wife shall be calculated for two years from the day after the day on which the missing property is discovered or should be discovered.

3. After the divorce, if the request to confirm the validity of the property division agreement or to repent on the property division issue, and request to change or revoke the property division agreement, it shall be filed within one year after the divorce by mutual agreement between the man and the woman.

Article 1087 of the Civil Code of the People's Republic of China: In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

When there is a property dispute at the time of divorce, then first look at whether the property dispute is a joint debt, and if not, it will be repaid separately. Specifically, only the joint debts of the husband and wife need to be repaid by both parties, otherwise they are personal debts, and the law also stipulates that if one party finds that the other party has hidden, transferred, sold, damaged or falsified debts to embezzle the property, he or she shall request to divide the joint property of the husband and wife or dispose of the debts again. Therefore, the handling of property disputes should be handled in accordance with the above provisions.

Legal basis] Civil Code of the People's Republic of China Article 1089 In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Property disputes are handled in this way after divorce: after divorce, if the other party discovers that one of the husband and wife has hidden, transferred, sold, damaged, or squandered the joint property of the husband and wife, or forged the joint debts of the husband and wife in an attempt to encroach on the property of the other party, he may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Legal basis] Article 1092 of the Civil Code of the People's Republic of China.

Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the property jointly owned by the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the other party may receive a small or no share of the joint property of the husband and wife when the divorce divides the joint property of the husband and wife. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

The Civil Code stipulates that divorce property should first distinguish between joint property and personal property. According to the relevant laws and regulations, the joint property of husband and wife includes wages, bonuses, remuneration for labor services, inherited or donated property, and income from intellectual property rights.

Article 10 of the Marriage Registration Regulations.

Where a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has permanent residence to register the divorce.

Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.