The issue of property division, how to deal with the issue of division of property

The division of divorce property refers to the division of the joint property of the husband and wife at the time of divorce, which refers to the division of the joint property of the husband and wife into their respective personal property in accordance with the law at the time of divorce. Articles 17 to 19 of the current Marriage Law specify that the joint property of the husband and wife is the property acquired during the existence of the relationship between the husband and wife, and stipulates the content of the joint property of the husband and wife in the form of enumeration and generalization. At the time of divorce, if the parties have an agreement on lawful marital property, the agreement shall be followed.

The property unique to one party shall be owned by the party. The joint property of husband and wife shall generally be divided equally, and may not be equal when necessary, and where there is a dispute, the people's court shall make a judgment in accordance with law.

1. Disposition of houses jointly owned by husband and wife or owned by one party A house purchased or built jointly by the husband and wife during the existence of the marital relationship, or a house purchased or built by both parties jointly funded by both parties before marriage, is a house jointly owned by the husband and wife and shall be divided as the joint property of the husband and wife in the event of divorce. According to Article 20 of the Interpretation (II) of the Marriage Law, if the two parties cannot reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it according to the following circumstances:

1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted; (2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall compensate the other party; (3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties, and the proceeds shall be divided. The usual practice in judicial practice is: if the common house can be actually divided and used, it can be divided and used.

If it cannot be divided, it may be divided to one party as a price, and the other party shall obtain compensation. In determining which party to allocate the house to, the housing situation of both parties and the party who takes care of the children should be taken into account. In the case of equal conditions of both parties, the woman shall be taken care of.

After the marriage, if the two parties repair, decorate, or demolish the house owned by one party before the marriage, and the property rights are not changed at the time of divorce, the house is still owned by the property owner, and the share of the value-added part belongs to the other party, and the owner of the house compensates the other party at a discount; If an extension has been carried out, the house in the expanded part shall be treated as the joint property of the husband and wife. In the event of a divorce, if one party has difficulties in living and has no place to live after the divorce, the other party shall provide appropriate assistance from his or her personal property, such as housing.

1. There is no provision for the conversion of 2 years into the joint property of the husband and wife.

2. If there is sufficient evidence to prove that it was purchased with premarital property, it belongs to premarital personal property, and the other party has no right to divide it.

As you said, this land belongs to you. It will not become the joint property of the husband and wife.

If your mother's name is on the title deed, the title belongs to your mother and cannot be considered to be joint property unless your spouse has sufficient evidence to prove that you are deliberately transferring the property.

When a husband and wife divorce, as long as one party has evidence to prove that it is personal pre-marital property, it will not be treated as the joint property of the husband and wife, so there is no such thing as two years, and there is no such provision in the law.

Legal analysis: The parties can settle the matter through negotiation, and if the negotiation fails, one party can file a lawsuit with the court, and the court will make a judgment. If it is the personal property of the husband and wife, it does not participate in the division and belongs to the individual; However, if it is the joint property of the husband and wife, if there is an agreement, and if there is no agreement, it will generally be divided equally, and the rights and interests of the woman and the minors' children will be taken care of.

Legal basis: 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.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China Article 69: Where the parties reach an agreement on the disposition of property and debts that is conditional on divorce by mutual agreement or mediation of divorce in the people's court, and one party repents in the divorce proceedings, the people's court shall find that the agreement on the disposition of property and debts has not taken effect, and make a judgment in accordance with the provisions of articles 1087 and 1089 of the Civil Code on the basis of the actual circumstances. The provisions of the divorce agreement signed by the parties in accordance with Article 1076 of the Civil Code concerning the disposal of property and debts are legally binding on both men and women. Where after the registration of the divorce, the parties initiate a lawsuit due to a dispute arising from the performance of the above-mentioned agreement, the people's court shall accept it.