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Can the property of annulment be divided? How should the property be divided in the case of divorce

2018-03-30 17:36:21

In this article, we introduce about: [Can the property of invalid marriage be divided, how to carry out property in divorce], and provide the corresponding legal common sense, I hope that friends who have questions about this issue can bring help.

1. Can the property of an annulled marriage be divided

The property acquired during the duration of the annulled marriage shall be disposed of by agreement between the parties; If an agreement fails, the people's court shall make a judgment in accordance with the principle of favouring the innocent party.


Since the invalid marriage does not have the legal effect of marriage, the property during the duration of the invalid marriage cannot be identified as the joint property of the husband and wife, and can only be treated as the general joint property. It means that the parties share the common property in proportion to their contribution to the common property.


Of course, it is not to say that all invalid marriages are completely handled in accordance with the above provisions when dividing property, the Supreme People's Court in the "Several Opinions on the People's Court Trial Cases of Cohabitation in the Name of Husband and Wife without marriage registration", Article 8 stipulates: "The people's Court tries cases of illegal cohabitation relationship... In the specific division of property, the interests of women and children should be taken into account, considering the actual situation of the property and the degree of fault of both parties, and proper division." In addition, there are two special provisions: (1) If one party suffers from a serious illness during the illegal cohabitation period and is not cured, proper care should be taken during the division of property, or the other party should give a one-time economic subsidy. (2) During the period of cohabitation, one party dies, the other party is dependent on the deceased and lacks the ability to work and has no sources of livelihood, or the other party has more support for the deceased, can be assigned to him (her) appropriate inheritance. Although these provisions are for illegal cohabitation relationships without marriage registration, they are also of guiding significance for invalid marriages. END

Second, how should the property be divided in divorce

(1) Joint property of husband and wife shall generally be equally divided. That is to say, the joint property of the husband and wife is equally divided in principle; According to the actual needs of production and life and the source of property, the specific treatment can also be different. Articles belonging to individuals are generally owned by individuals. (2) The common property which is separately managed and used by the husband and wife separated in two places shall be owned by each party at the time of division; Where there is a significant difference, the party that has gained more property shall compensate the other party with property equivalent to the difference. (3) Registered marriage has not yet lived together, according to the custom to pay the bride price, or pre-marital payment causes the payer's life difficulties, at the time of divorce can request the other party to return the bride price. (4) If one party operates in partnership with others with the joint property of the husband and wife, the property of the partnership may be owned by one party, and the party receiving the property of the partnership shall compensate the other party equivalent to half the value of the property of the partnership. (5) For the non-profitable breeding and planting industries jointly operated by husband and wife in the current year, the divorce should be considered to be conducive to the development of production and conducive to management, and be reasonably divided or discounted. (6) Both parties have repaired, decorated, demolished and built the house owned by one party before marriage, and have not changed the property right at the time of divorce, and the share of the increase belongs to the other party shall be compensated by the owner of the house to the other party at a discount.


(7) The property obtained by the marital relationship, at the time of divorce, such as the marriage time is not long, or the other party's life is difficult because of the demand for property. May be returned at discretion. Where it is difficult to determine whether the nature of the property obtained is a claim or a gift, it may be treated as a gift.


(8) The house jointly owned by husband and wife that is not suitable for division shall be allocated to one party according to the housing situation of both parties and the principles of caring for and raising children or non-fault parties. The party to which the house is allotted shall compensate the other party for half the value of the house. The woman should be taken care of if the conditions of both parties are equal. (9) At the time of divorce, if the intellectual property rights of one party have not yet obtained economic benefits, in the division of the joint property of the husband and wife, appropriate care shall be given to the other party according to the specific circumstances. (10) Personal property before marriage is naturally damaged, consumed, or lost in the married life together, and if one party asks for compensation with the joint property of the husband and wife at the time of divorce, it shall not be supported.