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Who decides the division of property in a divorce?
In accordance with the principles of civil law, to encourage agreement between the parties. So, first of all, the division of common property will be based on an agreement between the spouses . So, the spouses have full right to divide the property. However, if they cannot reach an agreement, the court will decide to divide the property according to the law.
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What is the division of property between husband and wife?
In principle, the property will be split in half. However, other factors are taken into account such as: Contribution of husband and wife to the creation, maintenance and development of the common property; Protect the legitimate interests of each party in production, business and occupation so that the spouses can continue to work and generate income.
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What assets cannot be divided upon divorce?
These are property that a spouse has created and established own ownership rights before marriage; property is inherited or given separately.
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Divide property is home like?
If the house is common property between the spouses, the court will also divide the house upon request. The court may not divide the house physically. Instead, The court will award one person the house, but he/she must pay the other person an amount equal to the proportion that that person is divided in the total value of the home..
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How about debts?
In principle, debts arising during the marriage period are shared between husband and wife. Like common property, when a divorce, a husband and wife can set an agreement to settle the debt together, or they can ask the court to divide the debt if they cannot resolve it themselves.
