Can matrimonial property disputes after divorce be adjudicated by civil law? What does it have to do

The judgment of divorce property is based on the following principles:1Where it is the joint property of the husband and wife, it is generally divided equally.

According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different. Items that belong to the exclusive use of the individual are generally owned by the individual. 2.

If one party operates in partnership with another party with the joint property of the husband and wife, the property may be divided among one party, and the party who has received the property shall compensate the other party equal to half of the value of the property. 3.The means of production, which are the joint property of the husband and wife, may be distributed to the party who has the conditions and ability to operate.

The party who receives the means of production shall compensate the other party equal to half the value of the property. 4.Breeding and planting industries that are jointly operated by husband and wife and have no income in the current year should be reasonably divided or discounted in consideration of being conducive to the development of production and business management.

5.Where the joint property of the husband and wife has not been separated from the joint family property at the time of divorce, and one party requests the dissolution of the property, the divorce and the property that have already been ascertained may first be handled, and the parties may be informed of the division of the property that is truly difficult to ascertain for the time being, and the case may be handled separately; or suspend the divorce proceedings and resume the divorce proceedings after the trial of the property dissolution case is concluded. The above are the general principles for the division of property in divorce, but the specific judgment needs to be comprehensively judged according to the actual situation and relevant local laws and regulations.

Divorce lawyers will find Guanling Law Firm.

Civil law will not be used, only marriage law will be used.

Legal Analysis: Property disputes after divorce are matrimonial cases. The main types of marital and family disputes can be divided into three stages: marital contract and cohabitation disputes, marriage disputes and divorce disputes.

Divorce disputes themselves include a series of disputes such as divorce disputes, post-divorce property disputes, post-divorce damage compensation disputes, joint property division disputes, child support disputes, and alimony disputes.

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 1085:Where children are directly raised by one party after a divorce, the other party shall bear part or all of the child support. The amount of the burden fee and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087: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.

If there is a property dispute, if both parties apply to the people's court, they can first grant a divorce. According to Article 148 of the "Civil Procedure Law," the people's courts shall publicly announce the verdict in all cases that are tried in public or not in public. Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where a judgment is regularly announced, a written judgment is to be issued immediately after the judgment is announced.

When a judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal, and the court in which the appeal will be made. When a divorce judgment is pronounced, the parties must be informed that they must not marry separately until the judgment takes legal effect. According to Article 1079 of the Civil Code of the People's Republic of China, if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

Article 148 of the Civil Procedure Law of the People's Republic of China: People's courts shall publicly announce judgments in all cases that are tried in public or not in public. Where the verdict is announced at court, the written judgment shall be sent within 10 days; Where the judgment is periodically announced, the written judgment is to be issued immediately after the judgment is announced. When the judgment is pronounced, the parties must be informed of their right to appeal, the time limit for appeal, and the court in which the appeal is made.

When a divorce judgment is pronounced, the parties must be informed that they must not marry separately until the judgment takes legal effect. Article 1079 of the Civil Code of the People's Republic of China provides that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

Legal Analysis: Yes. If both parties agree to settle the divorce dispute only and not deal with property and child support, the court may not deal with it. However, if the parties do not agree, the court must deal with property and child support issues.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a lawsuit for divorce and marriage 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.

There are 8 conditions for divorce in 2018, and no divorce will be granted if there is less than one condition.

Both parties agree that a divorce may be granted first, and the property part may be sued separately.

In addition, if the house has not yet obtained full ownership, a divorce can be granted first, and then sue after the house has obtained full ownership.

Interpretation 3 of the Marriage Law.

Article 18. Where, after the divorce, one party files a lawsuit with the people's court requesting division on the grounds that there is still a joint property of the husband and wife that has not been disposed of, 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.

Interpretation 2 of the Marriage Law.

Article 21: Where at the time of divorce, the parties have a dispute over a house that has not yet been taken ownership or has not yet obtained full ownership and the negotiation fails, the people's court should not make a judgment on the ownership of the house, and shall make a judgment to be used by the parties based on the actual circumstances.

Where there is a dispute between the parties after they have obtained full ownership of the houses provided for in the preceding paragraph, they may separately file a lawsuit with the people's court.