Can I sue if I am dissatisfied with the division of property after divorce?

If the parties divorce by agreement, according to the laws of China, if they regret the division of property, they can apply to the court for modification or revocation within one year after the divorce, but if there is no fraud, coercion, etc., the court shall reject it in accordance with the law. If one of the parties is dissatisfied with the divorce judgment or ruling, he or she may file an appeal in accordance with the law, and the time for filing an appeal shall be within 15 days from the date of receipt of the judgment to the people's court at the next higher level.

Relevant legal provisions: Article 9 of the Supreme People's Court's Interpretation (II) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China: Where a man and a woman repent on the issue of property division within one year after the divorce by mutual agreement, and request to modify or revoke the property division agreement, 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.

Article 18 of the Supreme People's Court's Interpretation (III) on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China": Where, after a divorce, one party files a lawsuit with the people's court requesting division on the grounds that there is still a disposition of the joint property of the husband and wife, upon review, the property is indeed the joint property of the husband and wife that was not involved at the time of the divorce, and the people's court shall divide it in accordance with law. **Find a lawyer in Suzhou.

If a person is dissatisfied with the division of Caihong's withered property after the divorce and can appeal, he shall appeal to the people's court at the level above within 15 days from the date of service of the first-instance judgment, and the appeal petition shall be submitted through the original people's court, and a copy 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, it has the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served.

Where a party is dissatisfied with the first-instance ruling of a local people's court, 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.

In the case of divorce, one party does not have sufficient awareness of the protection of the property, which leads to a position of non-argument when it comes to dividing the joint property. In this case, on the one hand, an appeal may be filed with the people's court at the next higher level to request a redivision of the joint property; On the other hand, if the court's judgment has already taken effect, it may apply to the original people's court or the people's court at the higher level for a retrial within two years after the judgment takes effect, and the court will make a corresponding judgment after ascertaining the specific facts.

Article 164 of the Civil Procedure Law stipulates that if a party is dissatisfied with the first-instance judgment of the local people's court, he or she has the right to appeal to the people's court at the next higher level within 15 days from the date of service of the judgment.

If the property division agreement cannot be performed after the divorce, it can file a lawsuit with the court, and after the court hears it, Caiyou Chain can apply for enforcement according to the court's judgment. If you regret the issue of property division after the divorce by mutual agreement, you can file a lawsuit with the court within one year after the divorce by mutual agreement to request that the property division agreement be changed or revoked. However, only if there is fraud or coercion at the time of entering into the divorce agreement, the court will make a judgment to modify or revoke the original property division agreement in accordance with the law, otherwise it will make a judgment to reject the claim and not support the plaintiff's claim.

Article 1062 of the Civil Code: The following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except where item 3 of Article 1063 of this Law provides for the establishment of the law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063 of the Civil Code: The following property shall be the personal property of one of the spouses:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) The daily necessities of one party are as good as the product;

5) Other property that shall belong to one side.

If this is the case, you can appeal to the court again, and the court will redistribute your property if it accepts it.

Where negotiations on the division of divorce property are fruitless, the court may implement a court to hear the divorce.

Was it divided by the court? You can show the reasons and evidence for your dissatisfaction. Courts are evidence-based.

It can be appealed. If one of the parties is not satisfied with the division of property in the divorce, then an appeal can be filed within 15 days from the date of the judgment. However, whether the appeal can change the share of the property division or the form of the Ozakura section depends on the specific circumstances.

Civil Procedure Law of the People's Republic of China.

Article 164 stipulates that if a party of the Song nationality is dissatisfied with the first-instance judgment of a local people's court, he has the right to appeal to the people's court at the next higher level 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.

Legal analysis: 1. After winning the lawsuit, if one party fails to perform the court judgment within the performance period, the other party may apply to the court for compulsory enforcement;

2. After accepting the compulsory enforcement, the court will inquire about the real estate, vehicles, ** and deposits in the debtor's name in accordance with the law;

3. In addition, if he has no property in his name that can be used for enforcement and he refuses to perform the effective judgment of the court, he will have negative information such as overdue repayment recorded in his personal credit report and be restricted from high consumption and entry and exit, and may even be subject to judicial detention;

4. If the man has the ability but refuses to enforce the judgment, he is suspected of the crime of refusing to execute the judgment or ruling.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or make a judgment or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Although both parties agreed to divorce, since the two parties could not reach an agreement on the division of property, they did not divorce by agreement, and could only divorce by litigation. This is because litigation divorce refers to a divorce system in which the husband and wife cannot reach an agreement on whether to divorce or the division of property, the sharing of debts, the maintenance of children, etc., and file a lawsuit with the people's court, and the people's court dissolves the marriage through mediation or judgment after trial. At the same time, husband and wife have equal ownership of joint property, and both parties have equal rights and bear the same obligations.

Husbands and wives have equal rights to dispose of jointly owned property. In particular, unless otherwise agreed, the consent of one of the spouses shall be obtained for the disposition of joint property.

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.