Dayang agreed in the divorce agreement that one of his pre-marital self-built houses belonged to the woman, and after going through the divorce registration formalities, Dayang repented and asked the court to revoke the property division agreement. If I voluntarily give up my property at the time of divorce, can I still regret it afterwards?
- It can only be determined by the substantive trial of the court
Article 70 of the "Interpretation (1) of the Marriage and Family Section of the Civil Code": Where a husband and wife repent on the issue of property division after agreeing to divorce and request the revocation of the property division agreement, the people's court shall accept it. Where, after accepting the case, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.
According to the above-mentioned provisions, when a man and a woman divorce from the civil affairs department, the agreement reached on the division of property is in the nature of a civil contract and is binding on both parties. However, after all, the marriage relationship also includes the relationship of status, and the only criterion cannot be regarded as equivalent compensation as in other civil contracts. In this case, Dayang's right to sue for revocation of the property division agreement should be protected, but whether it can enjoy the right to prevail depends on whether it can prove that there were fraud, coercion and other circumstances at the time of entering into the agreement. Therefore, whether the court supports Dayang's claim can only be determined after the substantive trial.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Zixin
Review: Huai Nan
Producer: Zhao Min, Zhong Xiao
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