Why should the property be divided equally between the husband and wife after marriage?

Updated on society 2024-02-29
7 answers
  1. Anonymous users2024-02-06

    That should be the time of divorce to divide the property equally, this is a kind of security for marriage.

    Relevant laws on how to distribute divorce property: Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts 2. The property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife, including: (1) the income from the labor of one or both parties and the property purchased; (2) Property inherited or donated by one or both parties; 6. The property owned by one party before marriage and jointly used, operated and managed by both parties after marriage, and the house and other means of production of greater value have been used for 8 years, and the valuable means of subsistence have been used for 4 years, which may be regarded as the joint property of the husband and wife.

    8. In principle, the joint property of husband and wife shall be divided equally. According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different. Items that belong to the exclusive use of the individual are generally owned by the individual.

    Marriage Law of the People's Republic of China Article 17 The following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of 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.

    Article 18: In any of the following circumstances, it is the property of one of the husband and wife: (1) The premarital property of one party; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side as a result of bodily injury; (3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party. Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (1) Article 18 of the Marriage Law stipulates that property owned by one of the husband and wife shall not be converted into joint property of the husband and wife due to the continuation of the marital relationship.

    Unless otherwise agreed by the parties. Article 33: After the Marriage Law is amended, it is being heard.

    In the first and second instance cases of marriage and family disputes, the revised Marriage Law shall apply. Article 13 of the "Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts" provides that a house jointly owned by a husband and wife that is not suitable for division shall be owned by one party in accordance with the housing situation of both parties and the principle of taking care of and raising children or the party not at fault.

    The party who has been allotted the house shall compensate the other party equal to half the value of the house. In the case of equal conditions of both parties, the woman shall be taken care of. Article 39 of the Marriage Law In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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.

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

  2. Anonymous users2024-02-05

    Now it is a socialist country, everything is fair and just, and every behavior of everyone is regulated according to the constitution and other laws. Two people get married and start a family, in fact, two people are willing to bear everything after marriage, whether it is crying or sweet, marriage needs everyone's dedication, the family can be happy, husband and wife should not divide you and me, because they are all for the family, don't care who pays more or less, since you choose a person to get married, then I believe that you are willing to share everything with him, including property, isn't it, don't always suffer from gains and losses, to put it mildly, your people's willingness to give him, do you care about money!

    Don't always think about that, get along well and have a happy family is better than anything else!!

  3. Anonymous users2024-02-04

    The property gap between the two parties when they get married is too big, and if you don't want to divide it equally, you should do premarital property justice.

  4. Anonymous users2024-02-03

    Prepare for your divorce The divorce rate is too high now, so as not to make a fuss about the property when you get it.

  5. Anonymous users2024-02-02

    Husband and wife can not divide the property equally for how long they have been married. Because the division of property has nothing to do with the time of marriage, but with the agreement of both parties and the nature of the property. According to the relevant laws and regulations, after the divorce of the husband and wife, the exclusive personal property shall not be divided unless otherwise agreed, and if the joint property of the husband and wife is divided by agreement, and the agreement is not reached, the people's court shall 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.

    [Legal basis].Article 1065 of the Civil Code of the People's Republic of China.

    The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

    Article 1087.

    In the event of a 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 the husband or wife in the contracting and management of family land shall be protected in accordance with law.

  6. Anonymous users2024-02-01

    Not necessarily. The basic principle of division of property is the income and expenditure of the husband and wife during the existence of the relationship, half of which is for one person. There are two ways to divide the joint property of husband and wife: division by agreement and division by judgment.

    At the time of divorce, if the parties have legal marital property and have agreed on it, the agreement shall be followed. Article 1087 of the Civil Code 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 shall, on the basis of the specific circumstances of the property, make a judgment 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 the husband or wife in the family land contract management shall be protected 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 the husband or wife in the family land contract management shall be protected in accordance with law. Article 1088 of the Civil Code of the People's Republic of China: Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation.

    The specific measures for the slag source shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

  7. Anonymous users2024-01-31

    Not necessarily, the basic principle of property division is the income and expenses of the husband and wife during the existence of the relationship, half of each person. There are two ways to divide the joint property of husband and wife: division by agreement and division by judgment. At the time of divorce, if the parties have an agreement on lawful marital property, the agreement shall be followed.

    Article 1065 of the Civil Code: Husband and wife may agree that the property acquired during the marriage relationship shall be copied and the property acquired before the marriage shall be owned separately, jointly or partly separately and partly jointly. The agreement shall be in writing.

    Where there is no agreement or the agreement is unclear, the provisions of articles 1062 and 1063 of this Law apply. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

    Legal Basis Nuclear Macro:

    Article 1065 of the Civil Code of the People's Republic of China Husband and wife may stipulate that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 1062 and 1063 of this Law apply.

    The agreement between the husband and wife on the property acquired during the marriage relationship and the property changed before marriage shall be binding on both parties.

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