According to Article 1063 of the Civil Code, premarital property shall not be subject to division in the event of divorce. The key point is to prevent asset mixing and keep supporting documents. For large-value assets, the parties may agree in writing in accordance with Article 1065 that they shall remain the respective owners of such assets.
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According to Article 1064 of the Civil Code, joint debts shall be determined as follows: jointly signed debts are considered joint debts; daily household affairs are considered joint debts, and the creditor shall provide evidence if the debts exceed the daily needs; the division of debts in divorce does not preclude the creditor's right to claim; and the recovery of debts shall be claimed separate...
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When choosing a divorce lawyer, consider their professional expertise, similar case experience, solution strategies, and written fee arrangements. Henglue Family Law Team has successfully helped innocent parties secure 70% of the jointly owned assets, and can provide mediation and property rights confirmation services for cross-border divorce cases.
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When dividing marital property after divorce, the ownership and investment of the property should be considered first: pre-marital personal purchases are not subject to division, and joint repayment of loans requires compensation; jointly owned property shall be divided in accordance with Article 1087 of the Civil Code, and may be auctioned, appraised for compensation, or sold by auction.
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It is not advisable to stop repaying loans on unfinished buildings without authorization. Directly suspending repayment will damage your credit record and lead to being sued for penalty interest. Instead, you should first terminate the contract in accordance with Articles 20 and 21 of the Judicial Interpretation of the Contract for the Sale of Commercial Housing, and require the developer to retur...
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If you discover that the other party is transferring property, you should immediately fix the evidence of the transaction and apply for property preservation; according to Article 1092 of the Civil Code, you can claim a smaller share or no share at all. If you discover this after the divorce, you can sue for a redistribution of the property within three years.
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The division of family property can be resolved through negotiation, mediation, or litigation; the division of marital assets is decided in accordance with Article 1087 of the Civil Code, with a general statute of limitations of three years. It is necessary to first secure evidence of property ownership and investment contributions before choosing a resolution path.
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Cross-border inheritance often involves income tax, inheritance tax and gift tax in various countries, as well as declaration obligations. Chinese residents are required to pay income tax on their global income according to the Individual Income Tax Law. Since 2017, CRS account information has been automatically exchanged, so it's advisable to plan ahead.
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Private wealth inheritance lawyers can handle the inheritance of foreign assets, as well as the application of laws to cross-border wills, trusts, and inheritance. According to Article 31 of the Law on the Application of Laws, the law of the place where the property is located applies to real estate inheritance, so it is advisable to plan ahead.
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During the marriage, the income from stock trading and fund purchases belongs to the couple's joint property. The division should be agreed upon through consultation. If no agreement can be reached, the assets can be distributed in proportion to their quantity. If the spouse hides or transfers the account, the other spouse may claim a smaller share or no share at all, and apply for investigation a...
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If the seller breaches the contract and refuses to sell, the buyer may choose to continue performance, force a transfer of ownership, or file a claim for damages. The loss of the price difference shall be determined by appraisal. The time limit for litigation under the simplified procedure is three months, and under the ordinary procedure, it is six months. It is crucial to promptly remind the sel...
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If the penalty for breach of contract is excessively higher than the actual loss, the party may request the court or arbitration institution to reduce it appropriately. According to the judicial interpretation, a penalty exceeding 30% of the loss is generally considered excessive, and the party may claim a reduction through a defense or a counterclaim.
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The distribution of equity involves investment, control rights, dividends, and exit arrangements. Oral or template agreements are prone to leaving hidden problems. It is recommended to entrust a lawyer to draft a shareholder agreement before establishing or increasing capital, and a customized text can usually be completed within one to two weeks.
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The drafting of a contract involves formulating clauses from scratch, while the review of a contract involves identifying potential risks in the existing text. The review covers key aspects such as the subject matter, legal effect, payment terms, breach of contract provisions, and dispute resolution clauses. It is recommended to complete the review 3 to 5 working days before signing the contract.
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Civil and commercial litigation covers hundreds of types of cases, including contracts, companies, creditor-debtor relations, real estate, labor disputes, and infringements. In the event of a concurrence of breach of contract and infringement, parties may choose to assert one claim in accordance with Article 186 of the Civil Code, with a statute of limitations of three years.
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