I want to get a divorce, how to divide the property and debts?

There are two ways to divorce, one is divorce by agreement and the other is divorce by lawsuit.

Divorce by agreement means that after both parties reach an agreement, they go to the Civil Affairs Bureau for divorce. I think it's hard for you to come to an agreement in the above situation.

You can only sue for divorce.

Let me first tell you that the principle of property division in divorce is "equal division". Only after the marriage has fulfilled the primary obligation in the family affairs is the right of the spouse to claim compensation in the case of divorce. That is, only when you give up your job for the sake of your family, etc., and now you have no income, you will give more.

Because you didn't make it clear, you can only measure it yourself)

With regard to debts, the principle is that "the debts incurred for the common life of the family during the period of service shall be borne by both parties", that is, the loans after marriage are basically repaid by you jointly, except for the kind that is clearly stated at the time of borrowing and is for personal use. (It should be said that your family does not have the above problems, and it should basically be a joint debt).

After clarifying the above questions, let's divide your property in detail.

You were married on 28 September 2007, i.e. you were responsible for your previous property and debts.

He has a company, which was established in 03, and when you want to sue, you apply to the court to check the company's accounts, and only the money earned by the company (excluding debts) when you sue for divorce after September 07 is the property you want to share. The principle is half for one person, and if it is a debt, the debt is also half for one person. Second, you have to find out whether the ownership of the above-mentioned vehicle belongs to your family, or it is entered into the company's account (the company's fixed assets), if it is a family, the principle is to divide it equally, that is, one person wants a car, gives money to another person, and if it still owes debts, divide the debts equally.

In the case of a company, it is enough to divide the company's property.

The part you borrowed before marriage and repaid after marriage can be proved by evidence, but no, it is difficult for the court to support it (mainly not much, it can be ignored, and the court basically considers the property comprehensively).

The 100,000 yuan you borrowed from a friend, is there an IOU, and if so, it can be recognized as a joint debt.

If you are beaten and you are slightly injured, you can be held criminally responsible, and what you said above is not enough.

Finally, I would like to warn you that there are two points to pay attention to in a lawsuit, first, preservation means that the bank deposits, company accounts, and cash can only be distributed to the court for preservation in order to get the amount you want, and second, evidence, the law relies on evidence. None of the evidence you have said above is sufficient.

The legitimate debts incurred by either party during the marriage are joint debts of the husband and wife, and the husband should use the joint property to repay his personal debts before the marriage, and this situation should be taken into account when divorcing, and if you have financial difficulties during the divorce, you can ask the other party to give some financial help.

1) Wages and bonuses; (2) Income from production and operation; (3) income from intellectual property rights; (4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.

Note that the debt at the time of divorce is not half of one person, please listen to the details of Yu Hui, a marriage lawyer at Jiali Law Firm.

Legal analysis: How to distribute debts and property after divorce is first negotiated by the husband and wife, and if the negotiation fails, the court will decide how to divide it. Debts are first repaid with the joint property of the husband and wife, and if the joint property is sufficient to repay, there is no question of dividing the debt.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the maintenance expenses. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The husband or wife's rights and interests in the contracting and operation of family land shall be protected in accordance with law.

Article 1089:In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

How to divide property and debts in the event of divorce, and in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; If an agreement is not reached, the people's court shall, on the basis of the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party, make a judgment and shall protect the rights and interests enjoyed by the husband or wife in the family land contracting and management in accordance with law.

Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 1089:In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint property is insufficient to pay off or the property is destroyed by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Article 1092:Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party may receive a small or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the People's Court to request that the joint property of the husband and wife be divided again.

First, at the time of divorce, the joint property belonging to both parties should be divided equally.

According to Article 17 of the Marriage Act, the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

(2) Income from production and operation;

3) income from intellectual property rights;

(4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be owned by Sun Chun in common. Husbands and wives have equal rights to dispose of jointly owned property.

At the same time, according to Article 39 of the Marriage Law, in the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

Second, the joint debts of both parties should be borne jointly.

According to Article 41 of the Marriage Law, at the time of divorce, the debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid for demolition, or the property is owned separately, the two parties shall agree to settle it; If the agreement is not reached, the people's court shall make a judgment.