Divorce for 3 years to discover the undivided joint property, or

If a couple does not implement the agreed property system , Then according to our country 《 The civil code 》 Article 1062 , The salary obtained by the husband and wife during the duration of the marriage relationship 、 Bonus , production 、 Operating income , Income from intellectual property , The property obtained from inheritance or gift that is not determined to belong to only one of the husband and wife is jointly owned by the husband and wife . At the time of divorce, the husband and wife should negotiate to divide the common property ; When negotiation fails , The division can be decided by the people's court through civil action .

For the undivided joint property of husband and wife at the time of divorce , Either party has the right to sue for division , And not suffer 3 Limitation of limitation of action . Supreme people's court 《 About application < The civil code of the people's Republic of China > The explanation of marriage and family （ One ）》 Article 83 ：“ After the divorce , One party brings a lawsuit to the people's court for division on the ground that there is still the joint property of the husband and wife that has not been disposed of , Upon examination, the property is indeed the joint property of the husband and wife not involved in the divorce , The people's court shall divide it according to law .” The main reasons can be seen from the following three aspects ：

The joint property system of husband and wife is a typical joint ownership . In our country 《 The civil code 》 Article 303 provides that , The co owners agree not to divide the real estate or movable property , To maintain a mutual relationship , It should be as agreed , But co owners have important reasons to split , You can request segmentation ; Not agreed or clearly agreed , Co owners by share can request division at any time , When the common owner loses the common foundation or has major reasons to split, he may request to split . Damage to other co owners due to division , Compensation should be made . so , The co owner's right of claim for division is called the right of claim , But it is not the right to ask others to agree to the division , The essence is to make others have the obligation to agree on specific methods of separation . Split common property , It has long been the right conferred by the law on the co owner , It can exercise this right by the will of one person . therefore , The claim of dividing the common property , The essence is the right of formation , Should not be limited by the limitation of action .

If the judicial interpretation stipulates , The undivided joint property of the husband and wife at the time of divorce goes through 3 The limitation of action of years can no longer be divided , Will undoubtedly encourage the transfer 、 Dishonest behavior of hiding the joint property of husband and wife , The party who actually owns or controls the joint property of the husband and wife , As long as you can hide 3 The limitation period of years , You can get the property .