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The woman's land is pre-marital property, so after the divorce, the land still belongs to the woman.
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It belongs to the woman because the ownership of this land belongs to the girl, and then it also belongs to private property, so it also belongs to the girl after the divorce.
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It should be divided equally between the woman or the husband and wife, depending on whose household registration of the land is, or to understand the distribution of the land.
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The land belongs to oneself, and as long as one's household registration is there, this land belongs to oneself, and no one can erase it.
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Legal analysis: After the divorce, if the woman's household registration is still in the man's and the husband has not moved out, she is still entitled to enjoy the land contract right obtained by the man. However, if the hukou has been moved out, or if the land contract right has not been obtained in the first place, the land contract right will no longer be available after the divorce.
If, after the divorce, no land is acquired in the new place of residence, the original contracted land still belongs to the woman at the time of confirmation of land rights.
Legal basis: "Rural Land Contract Law of the People's Republic of China" Article 30 During the contract period, the contracting party may voluntarily return the contracted land to the contract issuing party. Where the contracting party voluntarily returns the contracted land, it may receive reasonable compensation, but shall notify the contract issuing party in writing half a year in advance.
Where the contracting party returns the contracted land during the contract period, it must not request the contracted land again during the contract period.
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Legal analysis: After the divorce, if the ownership of the woman's land belongs to the woman, then it belongs to the woman, and after the marriage, the land contract is signed in the name of one party or the business right certificate is obtained. When the husband and wife are members of the collective economic organization, when the marriage relationship is dissolved, they shall be divided in accordance with the principle of division of common property.
If one of the husband or wife is an urban resident, the right to operate the land contracted at the time of divorce shall belong to the party who is not an urban resident.
Legal basis: Civil Code of the People's Republic of China
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.
Article 1088:Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, 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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The land on which the husband and wife divorce is owned by the state or the collective, and the husband and wife may divide the rights and interests of the land contracted by the family when they divorce.
[Legal basis].Article 13 of the Land Administration Law.
Cultivated land, forest land, grassland, and other land used for agriculture in accordance with the law owned by peasant collectives and owned by the state in accordance with the law shall be contracted by means of household contracting within the rural collective economic organizations, and barren mountains, barren ditches, barren hills, barren beaches, etc., which are not suitable for household contracting, may be contracted by means of bidding, auction, public consultation, etc., to engage in planting, forestry, animal husbandry, and fishery production. The contract period is 30 years for cultivated land contracted by households, 30 to 50 years for grassland, and 30 to 70 years for forest land. After the expiration of the contract period for cultivated land, it shall be extended for another 30 years, and after the expiration of the contract period for grassland and forest land, it shall be extended accordingly in accordance with law. All the land owned by the state that is used for agriculture in accordance with the law may be contracted and operated by units or individuals to engage in planting, forestry, animal husbandry, and fishery production.
The contract issuing party and the contracting party shall conclude a contract in accordance with law, stipulating the rights and obligations of both parties. Units and individuals contracted to operate land have the obligation to protect and use the land in accordance with the purposes agreed in the contract.
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Legal analysis: Yes, according to the relevant provisions of the Civil Code, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: wages and bonuses; income from production and operation; proceeds from intellectual property rights;
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 intention of both parties to divorce voluntarily, and agree with them on matters such as child support, property and debt disposal.
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 abuse, and not changing their habits;
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 a divorce is not allowed, the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.
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First of all, it is necessary to clarify your statement that the nature of rural land is collective land, and villagers do not enjoy the ownership of the land, but only enjoy the right to contract the land and operate the farm. Therefore, in the event of divorce, the court will only divide the right to contract and manage the land.
If the right to contract and manage the land has been obtained by one of the women before marriage, and then they get married. In the event of a divorce, this part will not be processed. However, if the land is added after the marriage, the husband has the right to demand the division of the land contract management rights of the new land at the time of divorce.
In addition, if both husband and wife are members of the collective economic organization, both have the qualifications of the contracting entity, and the contracted land management rights shall be divided at the time of divorce. Reasonable division may be carried out by taking into account the specific circumstances such as the support of the elderly, the support of children, and the physical condition and earning ability of both parties after the divorce. If the economic value is detrimental to it, the contracted land shall be operated by one party, and the operating party may give the other party corresponding economic compensation.
[Legal basis].
Law of the People's Republic of China on Rural Land Collapse Contracting
Article 16: The contracting party of household contracting is the peasant households of the collective economic organization. Family members in rural households enjoy all rights and interests of the contracted land equally in accordance with the law.
Article 24: The State implements uniform registration of cultivated land, forest land, grassland, and so forth, and the registration body shall issue certificates such as land contracting and management rights certificates or forest rights certificates to the contracting party, and register them to confirm land contracting and management rights.
Certificates such as land contracting and management rights certificates or forest rights certificates shall include all family members who have land contracting and management rights.
The registration agency shall not charge other fees except for the cost of the certificate in accordance with the regulations.
Article 29 The following land shall be used for the adjustment of contracted land or contracted to the new population:
1) The mobile land reserved by the collective economic organization in accordance with the law;
2) It is increased through reclamation in accordance with law;
3) The contract issuing party takes it back in accordance with law and the contracting party voluntarily returns it in accordance with law.
Article 31: During the contract period, where a woman marries and does not obtain the contracted land in her new place of residence, the contract-issuing party must not take back her original contracted land; Where a woman is divorced or widowed and still lives in her original place of residence, or does not live in her original place of residence but has not obtained a contract in her new place of residence, the contract issuing party shall not take back her original land.
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