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First: Of course, it is a very unbalanced psychology and a variety of dissatisfied attitudes.
Second: If this contradiction is not resolved, perhaps the heart will always be haunted.
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If the division of property is carried out by the family themselves, the uneven division will cause complaints, after all, it is unfair and very unreasonable to do so.
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An unreasonable division of property is a form of prejudice. Very angry. Why is the division so unreasonable, it is simply a differential treatment.
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The unreasonable division of property is a manifestation of abnormality, because the division of property must be open and fair, otherwise, it will not reflect the principles of law.
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I must feel uncomfortable in my heart if the division of property is unreasonable, after all, they are also heirs, why does he share more than me, so it is still fair and just when dividing things.
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In fact, the amount of property is not just a matter of money, because some things represent inherent fairness, and if there is less property, the heart must be unbalanced, why are they all children, why are they less, they will feel biased, and they will be a little uncomfortable!
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The unreasonable division of property is really a matter of arguing for a lifetime, how did several families say it later? Because of the problem of a little bit of money, everyone is not short of this money at all, but in the end it is still out of control, how to say it? Family affection is cold.
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If it is divided according to law, then there is nowhere to argue, if it is divided by one's own family, it is inevitable that I feel a little unsatisfactory in my heart, after all, I will feel unfair.
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If it is a division of property in accordance with the law, then it is difficult to say anything, if it is divided by one's own family, if it is unreasonable, it will definitely feel uncomfortable.
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Very often, some couples cannot divide their property reasonably when they divorce, resulting in one party living better than the other party forever, which is an unfair thing.
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Noisy, is it a trivial matter that involves money? Especially for divorcees, they quarrel and fight, and they are unwilling to take advantage of each other, not to mention that the two have broken up.
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At the time of divorce, both parties were unwilling to reconcile, it was not appropriate to negotiate a divorce by agreement, they quarreled in court over property, and they used unscrupulous means to slander the other party and falsify evidence.
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If it is found that the division of property is unfair after the divorce by mutual agreement, a lawsuit can be filed with the court on the issue of property division within one year after the divorce. Where there are special circumstances such as fraud or coercion provided for in the agreement, and the parties request that it be modified or revoked, the people's court shall support it in accordance with law.
[Legal basis].Article 1092 of the Civil Code of the People's Republic of China.
Where one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of 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.
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The provisions on the division of unreasonable property in divorce are: the parties may repent on the division of property, and the people's court shall accept it. Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.
[Legal basis].
Article 69 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.
If the parties reach an agreement on the disposition of property and debts that is conditional on divorce by mutual agreement or mediation of divorce in the people's court, and one party repents in the divorce proceedings, the people's court shall find that the agreement on the disposition of property and debts has not taken effect, and make a judgment in accordance with the provisions of articles 1087 and 1089 of the Civil Code based on the actual circumstances.
The provisions of the divorce agreement signed by the parties in accordance with Article 1076 of the Civil Code concerning the disposal of property and debts are legally binding on both men and women. Where after the registration of the divorce, the parties initiate a lawsuit due to a dispute arising from the performance of the above-mentioned agreement, the people's court shall accept it.
Article 70. Where the husband and wife repent on the issue of the division of property after agreeing to divorce and request that the property division agreement be revoked, the people's court shall accept it.
Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.
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Clear division of divorce property: The objecting party can present evidence and file a lawsuit with the court to apply for property division. The court will decide on the principle of taking care of the rights and interests of the child, the woman and the innocent party.
If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation.
[Legal basis].
Article 1087 of the Civil Code In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; If an agreement is not reached, the people's court shall, on the basis of the specific circumstances of the property, make a judgment 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 the husband or wife in the contracting and operation of family land shall be protected in accordance with law. Article 1088:Where one of the husband and wife bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall give compensation.
The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
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Dissatisfied with the division of property in the case of divorce in litigation may appeal, and the parties shall file a complaint with the people's court at the next higher level within 15 days from the date on which the judgment of the first instance is served, and the appeal petition shall be submitted through the original people's court, and copies shall be submitted according to the number of opposing parties or representatives.
[Legal basis].Article 164 of the Civil Procedure Law of the People's Republic of China.
Where a party is dissatisfied with the first-instance judgment of a local people's court, he has the right to file an appeal with the people's court at the level above within 15 days from the date on which the judgment is served.
Where a party is dissatisfied with a local people's court's first-instance ruling, it has the right to appeal to the people's court at the level above within 10 days of the date on which the ruling is served.
Article 175.
The judgment or ruling of the second-instance people's court is the final judgment or ruling.
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If the divorce property is not clear, it may apply to the people's court for division, and if the property is not clear, if the parties really cannot ascertain it, they may apply to the people's court for investigation. The joint property of the husband and wife shall first be divided by agreement of the husband and wife; If no agreement is reached, the people's court shall, on the basis of 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, make a judgment that the joint property belonging to the man and the woman can be divided.
[Legal basis].Article 1087 of the Civil Code of the People's Republic of China.
In the event of a 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 who are simply dispersed, the woman, and the party who is not at fault.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
In the plot of "A Song of Ice and Fire", there is an Uncle Ma who is kind-hearted and allows Xiaolongnu to get the first pot of gold, and Xiaolongnu gets the first pot of gold, which is too easy, not logical at all, not in line with scientific reason. makes people feel that the screenwriter is a silly white sweet, with a big brain.
The eyelashes are there to protect the eyes from dust, foreign objects, sweat, etc., but they are the ones that go in the eye.
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If the husband and wife divorce due to domestic violence committed by one party, the property shall be divided in accordance with the general rules of the Marriage Law, that is, according to Article 39 of the Marriage Law, the joint property of the husband and wife shall be disposed of by agreement of both parties at the time of divorce; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law. However, because the party who committed the domestic violence is at fault, the party who is not at fault may demand that the party who committed the domestic violence bear the liability for damages on the basis of a share of the joint property. >>>More
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