How is property divided after divorce? 20

1. If the fund-raising funds are paid during the marriage, the real estate belongs to the joint property of the husband and wife and shall be divided equally.

Second, the value of the property at the time of divorce is based on the current market value, not the amount of the original purchase.

3. If one party acquires property rights at the time of divorce, half of the housing price compensation should be given to the other party.

The husband and wife can negotiate the division of property, and if the negotiation fails, it can be resolved through litigation, and the court will usually make a judgment in accordance with the principle of half of the joint property of one person in the Marriage Law.

Article 39: At the time 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.

Pre-marital property refers to the property owned by each spouse before the marriage. In China, the property owned by a husband and wife before marriage mainly includes houses, savings, clothing, and property donated and inherited by one party before marriage. According to Chinese legal practice and practice, in principle, the premarital property of the husband and wife should belong to the husband and wife at the time of divorce.

Although it is a pre-marital property, after the marriage, the other party invests and contributes efforts to transform it, so that it greatly exceeds the original value of the property, and it should be regarded as the joint property of the husband and wife, and no longer belong to the individual.

Therefore, your house is a joint property, and if you want to divide the property, you can determine whose property ownership is based on your actual situation. This is not possible depending on the situation you provide now.

Because of the funds collected during the marriage, the property should be the joint property of the husband and wife and should be divided equally.

If you want to put a house, you should give a subsidy to the one who doesn't want it!

You're going to ask the law.

Articles 17 to 19 of the current Marriage Law clearly state that the joint property of husband and wife is the property acquired during the existence of the relationship between husband and wife, and stipulates the content of joint property and paternity of husband and wife in the form of enumeration and generalization. For the division of the joint property of the husband and wife, two methods are adopted: 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.

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.

There are generally two ways to divorce. One is divorce by agreement, in which both husband and wife divorce voluntarily, and after signing the divorce agreement, go to the marriage registration authority to handle it; The other is litigation divorce, where one of the spouses insists on not leaving or agrees to the divorce but cannot reach an agreement on child support or property division, the only way to divorce is through court litigation. The main reason for divorce through court proceedings is that the husband and wife do not agree on the division of property.

On December 26, 2003, after fully soliciting the opinions of legal experts and the public, the Supreme People's Court promulgated the judicial interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II), which came into effect on April 1, 2004.

1. How to divide the scope of the property jointly owned by the husband and wife, first of all, it is necessary to know which is the joint property of the husband and wife, and the joint property of the husband and wife refers to the property acquired during the existence of the marital relationship, and the property obtained after marriage, and the division at the time of divorce is the "joint property of the husband and wife", excluding the property owned by the husband and wife.

According to article 17 of the Marriage Law, the joint property of husband and wife includes:

1) Wages and bonuses; Wages under Chinese law refer to the total salary, including standard wages, bonuses, allowances, and subsidies. The bonus refers to the state, ** and authoritative organizations, to give a certain amount of monetary rewards to specific subjects who have made special contributions or achieved outstanding results. It's not a bonus in your salary.

2) the income from production and operation; It should be pointed out here that the income of an investment made with either the personal property of the husband and wife or the joint property of the husband and wife belongs to the joint property of the husband and wife.

3) income from intellectual property rights; Intellectual property rights include copyright and related rights, trademark rights, geographical indication rights, industrial design rights, patent rights, integrated circuit design rights, and exclusive rights of undisclosed information. The income refers to the property income actually obtained or can be obtained during the existence of the marital relationship.

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

Property is divided after divorce as follows:The joint property of the husband and wife shall generally be divided equally, and the division of property after the divorce of the husband and wife shall be carried out in accordance with the agreement in the divorce agreement or in accordance with the divorce judgment of the court. If there is no enforcement, you can apply to the court for compulsory enforcement.

Where a divorce agreement has already taken effect, the people's court at the place where the person subject to enforcement is based on his domicile or where the property of the defendant is suspected of being executed is to be enforced. Parties to a divorce case can apply for enforcement within one year.

[Legal basis]:Article 1087 of the Civil CodeIn 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.

The unique property of one party shall be owned by the party, and the joint property of the husband and wife shall generally be divided equally.

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.

The current laws and regulations clarify that the joint property of the husband and wife is the property acquired during the existence of the marital relationship, 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.

Legal analysis: The real estate is bought by one person before marriage and belongs to personal property, and personal property is not involved in the division in the event of divorce. If the real estate is the joint property of both parties, the divorce shall be handled by the two parties through negotiation, and if the negotiation fails, the people's court shall make a judgment according to 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: Civil Code of the People's Republic of China

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 rights and interests enjoyed by the husband or wife in the contracting and operation of family land shall be protected in accordance with law.

Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; 3) income from intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Article 1063:The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; Jujube head (4) daily necessities for one party; (5) Other property that shall belong to one party.

Divorce not only dissolves the personal relationship between husband and wife, but also terminates the property relationship between husband and wife, and naturally raises the issue of the identification and division of marital property.

According to our law, there are two main forms of division of marital property:

1) Division of the agreed property.

In the case of divorce, the division of the joint property of the husband and wife shall first be seen whether the parties have agreed on the property, and if the husband and wife agree in writing or orally on who owns the property, and there is no dispute between the two parties, and the content is legal and valid, it shall be handled according to the agreement.

However, the agreement to circumvent the law is invalid.

The conditions for the legality and validity of the property agreement are:

The subject of the agreement must be legitimate.

The subject of the agreement can only be the husband and wife.

When agreed, both parties must be persons with full capacity for civil liability.

The will of both parties is expressed to be legal.

The will of both parties shall be genuine and voluntary, and neither party shall use deception, threats, coercion or other means, nor shall the agreement be established that is obviously unfair.

The content of the agreement must be legal.

The content of the agreement must conform to the law and social public morality, and must not harm the interests of the state, the collective, and others.

Any agreement that evades the legal obligations of husband and wife, parents and children is invalid.

The form of the agreement must be legal.

The agreement shall be made in writing, and the oral agreement shall be valid if recognized by both parties.

Only agreements that meet the above conditions can be handled according to the agreement.

2) Division of legal common property.

Where there is no agreement between the husband and wife, or there is an agreement but there is a dispute between the two parties or the content of the agreement is unlawful, it is to be handled in accordance with the legally prescribed method of division, that is, the personal property belongs to the individual, and the joint property of the husband and wife is divided equally under the principle of taking care of the rights and interests of women and children.

Property is divided after divorce as follows:

1) The joint property of the husband and wife shall generally be divided equally.

2) The joint property of the husband and wife who live separately and manage and use them separately shall be owned by the management and user party when divided; In the case of a significant difference, the party who has acquired the excess property shall compensate the other party with property equivalent to the difference.

3) If the bride price is paid in accordance with custom after the marriage has been registered and the bride price is paid in accordance with customs, or if the payment before marriage causes the payor to live in difficulty, the other party may request the other party to return the bride price at the time of divorce.

4) If one party operates in partnership with another party with the joint property of the husband and wife, the property of the tenant may be owned by one party, and the party who has a share of the property shall give compensation equivalent to half of the value of the property to the other party.

5) For the breeding and planting industries that are jointly operated by the husband and wife in the current year, they should be reasonably divided or discounted in consideration of being conducive to the development of production and business management at the time of divorce.

6) The two parties have repaired, renovated, demolished and built the house owned by one party before the marriage, and the property rights have not been changed at the time of divorce, and the share of the multiplication part belonging to the other party shall be compensated by the owner of the house at a discounted price.

7) Property obtained through marriage, if the marriage is not long in the marriage, or the other party's life is difficult due to the request for property. It can be returned as appropriate. Where it is difficult to determine whether the nature of the property obtained is a request or a gift, it may be handled as a gift.

8) The house jointly owned by the husband and wife that is not suitable for division and use shall be divided among one party according to the housing situation of both parties and the principle of taking care of and raising children or the party who is not at fault. The party who has been allotted the house shall compensate the other party equal to half the value of the house. The woman should be taken care of when both parties are on the same terms.

9) If the intellectual property rights owned by one party at the time of divorce have not yet obtained economic benefits, the other party shall be given appropriate consideration according to the specific circumstances when dividing the joint property of the husband and wife.

10) Where personal property before marriage is naturally damaged, consumed, or lost in the common life after marriage, and one party requests compensation with the joint property of the husband and wife at the time of divorce, it will not be supported.

After the divorce, in accordance with the provisions of the Marriage Law, the joint property after marriage is divided equally, and the property before marriage is notarized, and the property can also be divided by mutual agreement.

After a divorce, the property is generally divided equally, but if one party makes a mistake, it can be divided less, or not at all. Then it's up to the two parties to agree.