FAMILY LAWYER IN CHINA

FOUCUS ON DIVORCE AND INHERITANCE, 45 OFFICES COVER ALL AREAS OF CHINA

+86 18513817885

The basic principle of divorce property division

date:2019/11/25 Clicks:108
Divorce property division mainly has the following basic principles:
(1) The principle of equality between men and women. Husband and wife have the right to divide their common property equally and assume the obligation of joint debts equally.
(2) The principle of taking care of children and women's interests. That is, when dividing the couple's common property should pay attention to the minor children and the woman to give appropriate care.
(3) The principle of favorable and convenient life. The utility, performance and economic value of property should be exerted as much as possible when the property is divided; As for the inseparable property, it shall be owned by one party according to the actual need and the principle of being beneficial to the performance of utility.
(4) The principle of taking care of no-fault party. In case of divorce caused by bigamy, extramarital affair or maltreatment of one party, the no-fault party shall be properly taken care of when dividing the joint property of the couple.
(5) The principle that power cannot be abused. In dividing the joint property of husband and wife, the will of both husband and wife shall be respected, the will of both parties shall be true and lawful, and the property and the interests owned by the state, the collective or other person shall not be divided or harmed.
If the property which is owned by one party is consumed, damaged or lost in the course of their joint life, the other party shall not make compensation.
Author of this article:
Mingsheng LU
Chief Attorney of BONBONWU, Partner Attorney of Dentons (China), which consists of 45 offices and spans all of provinces and autonomous regions of China.
  • Ask for advice about law of PRC

  • Feel free to contact us using the form below and we will get back to you as soon as possible
FAMILY LAWYER IN CHINA | CALL FOR A CONSULTATION: +86 18513817885 Email: bonbonwo@163.com