If there is any community property that is not divided in divorce due to concealment, malicious transfer, negligence, or other reasons, the divorced spouse whose interest is damaged may file a separate lawsuit to claim division of such property. After admission of such a case, the court will examine the evidence adduced…
Property division agreement is the choice of first priority for the disposal of community property and debts if a couple intend to divorce each other. Even they haven’t reached such an agreement before filing for divorce, the court will recommend that they do so during divorce proceedings. Where a couple reach a proper…
Spouses may reach an agreement on the division of property and debts that is conditional on their divorce. Based on such an agreement, they can apply for divorce registration at the marriage/divorce registration office of the civil affairs bureau where their marriage was registered, or file a divorce case with a compete…
In general, the debts of a divorced spouse may be paid off as agreed upon by the spouses. Where they fail to reach an agreement on the payment of their debts, their disputes must be settled according to their divorce agreement or a court decree, order, or consent decree, or other legal documents. Debts before MarriageWh…
If your marriage is likely to end up in divorce and you are worried that your spouse will conceal, transfer, destroy, or squander your community property, you may file a petition to request the court to preserve such community property by freezing, seizure, or other measures to prevent damage and loss before or when you…
How to Divide the Value of a Publicly-owned House in Divorce Publicly-owned house is a special form of title over real estate. It is the product of China’s housing reformation from housing distribution by government or employer to commercial trading. The most important feature of such a house is partial public ownershi…
How to Divide Retirement Pension in Divorce Retired at the time of divorceIf either or both spouses have retired before they file a divorce case, the amounts received as their retirement pensions during their marriage should be deemed as their community property that may be divided between them. They can reach an agreem…
How to Divide a House in a Divorce Case Man and wife may reach an agreement on the ownership of a house which is their community property. If such an agreement is conditional on their divorce by agreement or through mediation, it is valid if they get a divorce by agreement or through mediation, but is invalid if they fa…
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