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One, you don't necessarily get rich.
Although it is possible to divide property through divorce, it does not mean that property can be divided just by divorce. Therefore, you should never try to divide your property in a crooked way. If you have the ability to make money with your own hands, the money you earn with your own hands is always more comfortable than the money you earn by going crookedly.
Therefore, whether it is a man or a woman, divorce once a year will not make a fortune, even if you divorce once a month, you will not get rich. Therefore, people who want to increase their wealth through divorce should dispel this idea as soon as possible. Because this idea is very unrealistic and risky, after all, the meaning of marriage is not to get rich.
Second, don't treat marriage as a child's play.
Marriage is one of the most important things in life, so don't get married or divorced lightly. Flash marriages and divorces are risky, and if you rush to find someone to marry just for money, it is not necessary. Life is beautiful, and we have to see the scenery along the way before we can determine the most suitable person for ourselves.
Therefore, if you decide to get married, think twice, and if you get divorced, please think twice, because marriage is really full of uncertainties. If you don't find the right person, then it's best not to get married casually. <>
Third, the scope of joint property of husband and wife is limited.
Why is it said that divorce does not necessarily make you rich? Because there is a certain scope of joint property between husband and wife, this is the scope delineated according to the marriage law of our country. The joint property of the husband and wife includes wages, bonuses, income from production and operation, income from intellectual property rights, income specified in the will or inheritance document, and other joint property of the husband and wife.
Therefore, the joint property of the husband and wife has a scope. In the case of divorce, the division of property is the division of the joint property of the husband and wife, not all of the property, so divorce does not necessarily mean wealth. <>
Fourth, the scope of the personal property of the husband and wife.
There is also a scope of personal property of husband and wife, so which ones belong to the personal property of husband and wife? There are probably personal assets before marriage, subsidies received by one party for bodily injury, subsidies for the disabled, and daily necessities for one party. After the divorce of the husband and wife, not all the property must be divided, and the property is divided according to the provisions of the marriage law, so do not think that after the divorce, you will get all the property of the other party, which is unlikely.
Because the marriage law clearly stipulates that there is some property that belongs to the other party, and it can only belong to the other party all the time. If it's not the other party's, it will never be the other party's, so don't treat divorce as a child's play.
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No, because not all the property can be divided equally, generally speaking, there are certain restrictions, and such behavior is actually fraud.
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The law doesn't stipulate that way, and if you keep getting frequent divorces, you are likely to be treated as a fraudulent marriage.
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It is definitely impossible, and marriage is not child's play, and if you want to get rich, you can't get rich by divorce, which is particularly incorrect.
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No, because no woman would want to do that, and they are generally very eager for love when they get married, so they don't marry for money.
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Legal analysis: There is no specific standard for how much property can be divided in divorce; The marital proceeds are the joint property of the husband and wife and should be divided equally in the event of divorce. If one party is not clear about the property actually owned by the other party, it can request the court to investigate and apply to the court to require the other party to provide a list of property, including bank deposits, real estate, vehicles, ** and other property.
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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It is lawful for a divorced woman to get a large sum of property, and at the time of divorce, if the parties have an agreement on legal marital property, follow the agreement. The unique property of one party is owned by the person. The joint property of husband and wife shall generally be divided equally, and may not be equal when necessary, and where there is a dispute, the people's court shall make a judgment in accordance with law.
In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:
1) bigamy;
2) A person who has a spouse cohabits with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members.
When dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a small or no share.
1. What are the principles for the division of property in divorce?
1. The principle of equality between men and women;
2. The principle of taking care of the interests of children and women;
3. The principle of conducive life and convenient life;
4. The principle of compensation, if one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he has the right to request compensation from the other party at the time of divorce, and the other party shall compensate;
5. The principle of taking care of the innocent party.
2. What are the joint assets that can be divided in the event of divorce?
The scope of property acquired by the husband and wife during the existence of the marital relationship and which shall be jointly owned by the husband and wife is stipulated, that is, 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:
1) Salary and bonus.
2) Income from production and operation.
3) Proceeds from intellectual property rights.
4) Property acquired by inheritance or gift.
5) Other property that should be jointly owned.
In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for one party;
5) Other property that should belong to one party is also suitable.
The provisions of Chinese law on the division of property in divorce are that both parties can negotiate freely, and if both parties agree to divide the property, it is legal and valid. If one of the parties does not agree, he or she can go to court to file a lawsuit and ask the court to make a decision.
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Legal analysis: Property can be divided, but the property must be joint property during the existence of the husband and wife. The law stipulates that the division of property in divorce is the division of the joint property of the husband and wife, which means that the joint property of the husband and wife is divided into their respective personal property in accordance with the law at the time of divorce.
Husband and wife have equal rights to dispose of joint property.
Legal basis: "Civil Code of the People's Republic of China" Article 1 Lao Xiao Qianliang or 062 The following property acquired by a husband and wife during the existence of the marital relationship is the joint property of the husband and wife and is 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 as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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The joint property of the husband and wife may be negotiated privately first, and if the negotiation fails, they will go to the court to apply for distribution. If the court distributes it, it is evenly distributed.
The following property acquired by the husband and wife during the marriage shall be jointly owned by the husband and wife:
1) Salary and bonus.
2) Income from production and operation.
3) Proceeds from intellectual property rights.
4) Property acquired by inheritance or gift, except for property that is determined in the will or gift contract to belong to only one of the husband or wife;
5) Other jointly owned property.
The joint property of husband and wife includes the labor income and other legal income, donated property, inherited property, etc., obtained by both husband and wife or one of the spouses during the existence of the marital relationship.
According to the second part of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of Civil Policies and Laws, the joint property of husband and wife also includes:
1) Where pre-marital property and post-marital property cannot be ascertained, or if it is pre-marital personal property, but it has been married for many years and has been jointly used, operated, and managed by both parties for a long time, it can be regarded as joint property of husband and wife;
2) During the existence of the marital relationship, the demobilization and transfer expenses received by demobilized and demobilized servicemen may be divided according to the joint property of the husband and wife at the time of divorce if the husband and wife have lived together for a long time;
3) the current year's income from engaging in diversified operations and contracting responsibility fields during the existence of the husband and wife relationship, as well as the funds invested in breeding and breeding professions that have no income in the current year;
4) Gold, silver, jewelry, and other property donated by one or both parents after the marriage is registered.
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In the event of divorce, these four situations can divide more property, please listen to the details of family lawyer Yang Ranran.
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If there is no written property agreement between the parties, the property acquired after marriage is the joint property of the husband and wife, and it shall be divided equally according to law if neither party is at fault. If the punishment is not at the fault of the man, the woman can share more of the property.
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It depends on the court's decision.
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According to the Marriage Law of the People's Republic of China:
Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
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 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.
Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.
Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
Therefore, in the event of a divorce, the joint property of the husband and wife is disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. In the event of divorce, if the woman is in financial difficulty, the other spouse shall provide appropriate assistance from her personal property such as housing. 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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In the process of divorce between the parties, the rights and obligations of both parties are equal, and this equality is absolute and cannot be changed because of the gender of the parties. In other words, if the parties are involved in a property dispute when they divorce, they should be divided in accordance with the principle of equal distribution of common property.
Article 17 of the Marriage Law stipulates that the following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife:
1) Wages and bonuses.
2) Income from production and operation.
3) income from intellectual property rights;
4) Property obtained by inheritance or gift, except for property that is determined in the will or gift contract to belong to only one of the husband or wife.
Article 11 of Interpretation 2 of the Marriage Law stipulates that the following property during the existence of the marriage relationship shall be the joint property of the husband and wife.
1) Income obtained by one party from the investment of personal property.
2) Housing subsidies and housing provident funds that both men and women actually obtain or should obtain;
3) Pension insurance funds and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.
Article 22 of Interpretation II of the Marriage Law;
1) Before the parties get married, the parents contributed to the purchase of a house for both parties, and it is clearly stated that the gift to both parties is the joint property of the husband and wife.
2) After the parties get married, if the parents contribute to the purchase of a house for both parties, it is the joint property of the husband and wife.
Article 5 of Interpretation 3 of the Marriage Law stipulates that the income generated by the personal property of one of the husband and wife after marriage shall belong to the joint property of the husband and wife, except for the fruits and self-recognition of appreciation.
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Obviously, this is not the case, if you are interested, you can learn about China's marriage law and related judicial interpretations.
At present, according to the law, if two people divorce, the property before the marriage shall belong to each other, and the property shall be divided according to law after the marriage.
Definition of community property:
The property acquired by both spouses or one of the spouses during the existence of the marital relationship is called the joint property of the husband and wife, and is jointly owned and disposed of by the husband and wife. The joint property of the husband and wife mainly includes the following property:
1) Salaries, bonuses, allowances, and other wage income of both spouses or one of the spouses;
2) Income from the production or business operations of both husband and wife or one of them;
3) Proceeds received by either spouse or one of the spouses through their intellectual property rights. refers to the property gains actually obtained or can be obtained during the existence of the marital relationship between husband and wife;
4) Property inherited or donated by both spouses or one of the spouses, except for property that is determined in the will or gift contract to belong to only one of the husband or wife;
5) Other property that shall be jointly owned by the husband and wife, mainly refers to:
1) The income obtained by one of the spouses from the investment of personal property during the existence of the marital relationship;
2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women during the existence of the marital relationship;
3) During the existence of the marital relationship, the pension insurance and bankruptcy settlement compensation actually obtained or should be obtained by both men and women.
Husband and wife have equal rights to dispose of and dispose of the above-mentioned property jointly owned by the husband and wife, and there are two meanings here, the first meaning is that the husband or wife has equal rights in handling the joint property of the husband and wife. Either party has the right to decide on the disposition of the joint property of the husband and wife for the needs of daily life; The second meaning is that the husband or wife should negotiate on an equal footing and reach a consensus when making important decisions on the disposition of the joint property of the husband and wife not for the needs of daily life. Where others have reason to believe that it is an expression of the common will of the husband and wife, the other party must not oppose the bona fide third party on the grounds that they do not agree or do not know.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.
Quotation note: here ten.
Article 7 and Article 18 means that during the existence of the relationship between husband and wife, most of the property is in common, and the property before marriage and some other eligible properties belong to one party).
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.
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