What to do if the husband is unwilling to divide the property in the event of divorce

If you can't negotiate it, you can only get a divorce through litigation. If you choose to file for divorce: first determine which court to go to.

If you file a lawsuit, you usually file a lawsuit in the court where the other party's household registration is located, and if the other party's actual place of residence is not the same as the place of household registration, you usually file a lawsuit in the court of the other party's habitual place of residence; If there are other special circumstances, the competent court needs to be determined according to the other circumstances. After clarifying the specific competent court, you need to bring the marriage certificate, ID card, complaint and other materials to the court case filing division, and submit relevant evidence to wait for the trial.

In the event of a divorce, if the husband is unwilling to divide the property, the woman can file a lawsuit in the court, and the court will make a judgment according to the actual situation. If one party is at fault, compensation is made to the party who is not at fault.

If the husband is unwilling to divide the property, he can go to court to file a lawsuit. The Marriage Law stipulates that 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.

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 property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court.

According to the provisions of the relevant laws of our country, if the husband has property at the time of divorce and is unwilling to divide it, if it is the joint property of the husband and wife, if the two parties cannot reach an agreement through negotiation, they can file a lawsuit with the court to solve the problem.

Legal basis] 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.

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

If the husband is unwilling to divide the property at the time of divorce, he may file a lawsuit with the court. According to the actual situation, the court will make the distribution in accordance with the principle of taking care of the children, the woman and the innocent party. If 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.

1. How to distribute the property after 15 years of marriage.

When a husband and wife divorce, the joint property 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. Personal property is owned by the individual and is not divided in the event of divorce.

If one of the spouses has a lot of 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.

2. Whether the minor children have a share in the division of divorce property.

Minor children do not have a share in the division of property in divorce. The marital community property agreement takes precedence; 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. If 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.

Article 1087 of the Civil Code.

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 shall 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 on the basis of the specific circumstances of the property.

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 1088.

If 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 shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

1. How to deal with the husband's reluctance to divide the property in the event of divorce: If it is the joint property of the husband and wife, if the two parties fail to reach a negotiation, they can file a lawsuit with the court to solve the problem. The people's court will 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.

If the other party is unwilling to divide the personal property, the other party has no right to interfere.

2. Legal basis: Article 1065 of the Civil Code of the People's Republic of China provides that both men and women may agree that the property acquired during the existence of the marital relationship and the property before the marriage shall be owned by each of them, jointly owned, or partially owned separately and partly jointly. The agreement shall be in writing.