In accordance with the newly revised Law on the Protection of Rights and Interests of Women (which took effect on January 1, 2023), both the husband and the wife are obligated to declare, during their divorce proceedings, all of their jointly owned property to the people's court. As a result, the people's courts, in many regions of China (including Hunan, Beijing, Shanghai, Jiangsu, Jiangxi and Qinghai), have issued their first Community Property Declaratory Order. Legal experts believe the issuance of the order will help courts determine an equitable division of the community property (property considered to belong equally to a married couple). That, in turn, will help the parties reduce their litigation costs, and improve the courts' litigation efficiency.
On January 3, Minhang (a district in Shanghai) People's Court issued the Community Property Declaratory Order to a couple filing for divorce. The order became the first of its kind in Shanghai. The court required the couple to declare both their community (including their house, vehicles, cash and stocks) and personal property.
Yang Ting, a judge with the court, recently told media the court, in the past, generally urged divorce parties to truthfully declare their community property. However, in some cases, the parties concealed or refused to declare their community property. It often took the court a lot of effort to investigate, and the court had a difficult time imposing punishment on the parties, who had not reported or omitted to report some of their community property within the prescribed time limit.
Yang also noted, in accordance with the revised Law on the Protection of Rights and Interests of Women and the Civil Code of the People's Republic of China (which took effect on January 1, 2021), if a divorce party fails or refuses to declare the community property, the people's court (which handles their divorce case) may infer the party has concealed and/or transferred the property. Therefore, the court may decide to award less, or no, property to the party.
(Women of China English Monthly February 2023 issue)
32.3KPlease understand that womenofchina.cn,a non-profit, information-communication website, cannot reach every writer before using articles and images. For copyright issues, please contact us by emailing: [email protected]. The articles published and opinions expressed on this website represent the opinions of writers and are not necessarily shared by womenofchina.cn.
Medics remove 150 MAGGOTS from a woman's mouth after dental procedure left her with rotting tissue
Feds push back against judge and say troubled California prison should be shut down without delay
Giants may consider QB in NFL draft as Daniel Jones recovers from ACL injury
Nebraska lawmakers end session, leaving taxes for later
Uber and Lyft say they'll stay in Minnesota after Legislature passes driver pay compromise
Even with John Schneider still in charge a new era arrives for Seahawks entering 2024 NFL draft
MLB suspends Pirates Aroldis Chapman, fines him for 'inappropriate actions'
Seager's RBI groundout and Taveras RBI single lead the Rangers over the Tigers 9
Ohio judge to rule Monday on whether the state’s abortion ban stands
Alleged homicide suspect fatally shot by police in San Francisco Bay Area