How long does it take for a divorce in the Civil Code to re divide property

Legal analysis: The Civil Code of the People's Republic of China stipulates that if there is a dispute over the division of property within three years of divorce, a lawsuit may be filed with the people's court to re-divide the property.

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

Article 188:The statute of limitations for requests to the people's courts for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions. The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.

Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Article 1092:Where one of the husband and wife 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, when dividing the joint property of the husband and wife in divorce, the other party may receive a small or no share. 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.

After the divorce, if the above circumstances exist, the parties can file a lawsuit with the court to request a redivision of the property. However, when redividing property after divorce, special attention must be paid to the requirements of the law on the time required to file a lawsuit.

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 dividing the joint property of the husband and wife under the pretense of divorce. 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.

In the era of the Civil Code, if you want to re-divide your property in a divorce, you need to pay attention to the requirements of the law on the time for filing a lawsuit.

1. Where the joint property of the husband and wife is concealed, transferred, sold, or destroyed, or the debts are forged, resulting in a request for the re-division of the joint property of the husband and wife, the party concerned shall have the right to request the division of the joint property of the husband and wife again within three years from the day after the discovery of the property.

2. Where 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 divided again within three years from the day after the day on which the property is discovered or should be discovered.

3. Where, after the divorce, it is requested to confirm the validity of the property division agreement or to repent, and the property division agreement is changed or revoked, the expression "within one year" is deleted from the judicial interpretation of the marriage and family section of the Civil Code.

Li Xiaojuan, a marriage lawyer, is a professional divorce lawyer in Hangzhou, who only handles marriage cases.

Specialty: Divorce, custody, property division, separation of property, agreement drafting.