How to divide the joint property in a divorce

1. According to the first paragraph of Article 39 of the Marriage Law, the joint property of the husband and wife shall be disposed of by both parties through consultation, that is to say, the division of property between the husband and wife at the time of divorce shall be carried out by both parties under the principle of consensus, and cannot be decided by one party.

2. In accordance with the provisions of Article 2, Paragraph 1 of the Marriage Law, the principle of equality between men and women shall not discriminate against women, and the rights of women shall be respected and protected when the joint property of husband and wife is divided in divorce.

3. If the negotiation fails in accordance with the provisions of paragraph 2 of Article 39 of the Marriage Law, 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 and the woman.

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.

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.

What is Divorce Separation? Sometimes it is true that there is a divorce after the separation of property, but most of them still talk about the division of property in the divorce. The property divided in the divorce refers to the joint property of the husband and wife, and the personal property is not disposed of.

Generally, half and half are half for one person, so the cost depends on the situation, and how long does it take?

Legal analysis: in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; Where an agreement is not reached, the people's court is to make a specific judgment based on the specific circumstances.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China in 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 fails, 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. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Legal analysis: the property purchased by one of the spouses after the marriage, regardless of which name is registered, belongs to the joint property of the husband and wife; Both the down payment and the joint repayment are the joint property of the husband and wife, and in principle, the husband and wife divide it equally. The court will generally rule that the property belongs to the party whose property rights are registered, and the other party will be compensated for the part of the property appreciation and the part of the joint loan repayment.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China provides that a man and a woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately or 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. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. The husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and if the husband or wife owes debts to the outside world, and the counterpart knows that the contract has been destroyed and cancelled, the debts incurred by the husband or wife shall be paid off with the personal property of the husband or wife.

Article 1060 Article 6: In any of the following circumstances during the existence of a marital relationship, one of the husband and wife may request the people's court to divide the joint property: (1) one party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or forging the joint debts of the husband and wife; (2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

The people's court generally follows the following principles in the division of the joint property of the husband and wife in the trial of divorce cases: in the case of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties, and 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 destroying the rights and interests of the children and the wife and the innocent party.

Legal analysis: In the event of divorce, the joint property can be divided by both parties through negotiation, and if the negotiation fails, the court can be requested to make a judgment. If one party can provide evidence to prove that the other party has obvious faults that led to the breakdown of the relationship between the husband and wife and divorce, the party at fault may divide less or no share; If one party conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife and wants to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, he may also claim that the party has a small or no share, and if it is discovered after the divorce, he may file a lawsuit with the court for a new division.

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 agreement of both parties; 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 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.