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Anonymous users2024-02-13The division of rural divorce property is as follows:
1. Do not participate in the division of personal property owned by one party;
2. If there is an agreement between the two parties on the division of the joint property of the husband and wife, it shall be handled in accordance with the agreement;
3. Where there is no agreement or the agreement is inconsistent, the people's court shall 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 on the basis of the specific circumstances of the property.
[Legal basis].Article 1087 of the Civil Code.
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, 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.
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Anonymous users2024-02-12Legal Analysis: Division of Divorce Property of Rural Couples: 1. The Principle of Equality between Men and Women.
2. The principle of taking care of the interests of children and the woman. 3. The principle of conducive to life and convenient life. 4. The principle of non-abuse of rights.
5. Where property owned by one of the spouses is consumed, damaged, or lost during common life, the other spouse shall not compensate for it.
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 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.
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Anonymous users2024-02-11It depends on the specific materials to determine, and an interview is recommended.
If the payment of the bride price causes the man to have difficulty in living, the woman may be required to return it.
If the dowry is not used for living together and causes hardship to one of the parties, the dowry shall be returned. If the other party does not appear in court, if you have sufficient evidence, the verdict can be pronounced in absentia.
Before the legal age to get married", have you received a marriage certificate?
The Marriage Law stipulates that gift money is non-refundable. If the marriage is under the legal age, the marriage shall be null and void, and the gift money shall be returned.
**If the other party fails to appear in court twice without reason, the court may make a judgment in absentia. It's not going to wait forever.
According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted. >>>More
China's rural land contracting is mainly carried out by household production contracting, and the contracting subject is the family as the unit, and the right to contract and manage land is a common property right for the members of the family. However, based on the current nature and method of land contracting in China, the specific problems in divorce still need to be analyzed in detail. 1. After marriage, the land contract is signed in the name of one party or the business right certificate is obtained. >>>More
Rural house, if the house was built by your mother before marriage, then your mother does not have the area of the homestead and does not have the property right of the house, and the property right of the house belongs to your grandfather and grandmother. If the house was built by your mother after she got married, and your mother has the area of the homestead, if your father or mother contributed to the house, you can share the house to live in. If you want to divorce, it should be a house that is built equally, and both parents have the right to live, and it does not change depending on whether there is a homestead area. >>>More
What if the man gets married again? You can set up your own portal through negotiation, which must be in line with the household registration management policy.
<>My family is rural, and this phenomenon does exist, and now there are many more divorces in the village than before. Most of the marriage unions in rural areas are ordered by parents, matchmakers, and both men and women, as long as they feel okay with each other and are not particularly unacceptable, they will get married and have children at a very fast speed. Marriage in the countryside is relatively sloppy, unlike urban couples, most of whom are childhood sweethearts, or free love, and most of them can get married with deep feelings and carefully decided by both parties. >>>More