SHARE PROPERTY DIVORCE

Divorce is the termination of marriage recognized by courts or decided at the request of the spouse, or of both spouses. During handling divorce cases, one of the complex issues that arise "division of property".

Marriage and Family Act 2014 has made a positive change compared to the Marriage and Family Law previously in clear rules on the regime of conjugal assets. However, basically to handle the problem of conjugal assets upon divorce should perform the following tasks:

First, identify the common property and personal property of the spouses:

Problems identified their common property, Article 33 - Marriage and Family Act 2014 has made specific provisions. One of the new provisions of the Act may have more mixed views in terms of both theory and practice that is defined "income from yields and profits arising from its own assets as well as assets their common ".

When solving practical cases, Ha Do Lawyers Law is the case: 2 couples before marriage have established notarized documents recorded each person's personal property in which the wife of share ownership a very valuable. Annual dividends from these stocks brought her a large sum. Even after five years of marriage, the value of dividends from shares owned by his wife could buy a luxury apartment. When handling the divorce, the wife of shares owned by the private property of course, but also the value of dividend equivalent to a luxury apartment the other will be divided like under the Law?

How divided and how the Law on Marriage and Family in 2014 had the principles and specific provisions. However, able to confirm that the husband in the case mentioned above certainly divided partial dividend value of the wife.

Problems identified personal property of the spouses, Article 43 - Marriage and Family Law 2014 also has specific provisions and clear. However, the practical application is sometimes encountered many obstacles.

Second, apply the principles of resolving the property of the spouses upon divorce:

          Article 59 - Marriage and Family Law 2014 that specifically and in detail on this issue. However, in practice resolve divorce court requirements including property division recorded the majority of cases are very complicated when considering the following factors: (i) The circumstances of family and Husband, wife; (Ii) the contribution of the spouses to the creation, maintenance and development of the common property. Labour of spouses in family labor is considered as income; ...

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