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Anonymous users2024-02-07Before the registration of the divorce, the relationship between husband and wife subsisted, and the property acquired during this period was joint property. In the event of a 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.
According to the Marriage Law of the People's Republic of China:
Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from 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 pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party 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 side.
Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before 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 unclear, the provisions of articles 17 and 18 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.
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.
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Anonymous users2024-02-06The current Marriage Law does not provide for the ownership of property acquired by the parties to the marriage during the period of separation, but in accordance with the legislative spirit of article 9 of the Marriage Law, the income of the parties during the period of separation shall be shared by the husband and wife.
This provision is contrary to the principle of fairness and reasonableness, and the unity of the personal relationship and the property relationship between husband and wife, in which the enjoyment of rights and the assumption of obligations are reciprocal. If the parties fail to perform their obligations to each other during the period of separation, if the rights before the separation are recognized as joint by the husband and wife, the rights and obligations are unified and contrary.
It should be noted that the perception that property acquired during separation should be considered personal property by many people is incorrect. According to Article 4 of the Several Specific Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts promulgated by the Supreme People's Court in 1993, "the property acquired after marriage that is managed and used separately by the husband and wife in two separate places shall be recognized as the joint property of the husband and wife."
When dividing property, each is managed separately so that the property belongs to each of them. If there is a huge disparity in the property divided between the two parties, the party with the property that is more different shall compensate the other party with the property of the same difference. ”
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Anonymous users2024-02-05Separation is not a legal concept, i.e. it does not produce interrupted effects in effect, and until the divorce is registered, the relationship between husband and wife subsists, and the property acquired during this period is joint property. It's just that there will be some difficulties in adducing evidence.
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Anonymous users2024-02-041. How to distribute property during the period of separation.
1. The property acquired after marriage that is managed and used separately by the husband and wife in two separate places shall be recognized as the joint property of the husband and wife, and the joint property of the husband and wife shall generally be divided equally.
That is to say: 1) the joint property of the husband and wife, in principle, divided equally;
2) According to the actual needs of production and life and the actual situation of property, the specific treatment can also be different.
3) Items that belong to personal use are generally owned by individuals.
2. Legal basis: Article 1087 of the Civil Code of the People's Republic of China.
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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.
2. To whom the property belongs during the period of separation of the husband and wife.
The property of the husband and wife during the period of separation shall be jointly owned by the husband and wife, and the salary income received by either party during the existence of the marital relationship shall be the joint property of the husband and wife. The husband and wife live separately but the relationship between the husband and wife still exists, and the income is still joint property. According to the relevant laws and regulations, the following property acquired by the husband and wife during the marriage relationship is the joint property of the husband and wife and belongs to the husband and wife:
1. Salary, bonus, labor remuneration.
2. Income from production, operation and investment.
3. Income from intellectual property rights.
4. Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law.
5. Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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Anonymous users2024-02-03The period between the marriage of a husband and wife and the period before the death or divorce of one of the spouses is the period of existence of the marriage relationship in accordance with the law. The property acquired by the husband and wife during this period belongs to the property jointly owned by the husband and wife. The property acquired by the husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife, unless otherwise agreed by the parties.
Husbands and wives have equal rights to dispose of jointly owned property.
According to articles 4 and 9 of the Supreme People's Court's Several Specific Opinions on the Handling of Property Division Issues in Divorce Cases by People's Courts, the property acquired after marriage shall be divided equally between husband and wife when they live separately and are managed and used separately.
For couples living in two separate places, the property that is managed and used separately when dividing the property is owned by each other, and if the property is very different, the party who has obtained the excess property shall compensate the other party with the property equivalent to the difference.
1. How to determine the spending of common property after separation.
If, after the separation of the husband and wife, one party spends the joint property during the existence of the marital relationship, the other party cannot demand the other party to return it if it is a normal expense, and if it is an unreasonable expenditure, the party requesting the return must provide evidence to the court, and the judge has the discretion. Therefore, we still need to analyze specific problems on a case-by-case basis.
2. How debts are recognized after separation.
1. Debts owed during the existence of the relationship between husband and wife shall generally be recognized as joint debts of husband and wife. Article 1065 of the Civil Code of the People's Republic of China (effective as of January 1, 2021) provides that a man and a woman may agree that property acquired during the marriage relationship and property before 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.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.
2. If the divorce agreement of the parties or the judgment, ruling or mediation document of the people's court has already dealt with the issue of the division of the property of the husband and wife, the creditor still has the right to claim rights against both the husband and the woman in respect of the joint debts of the husband and wife. Where, after one party bears joint and several liability for joint debts, claims recovery from the other party based on the divorce agreement or the people's court's legal documents, the people's court shall support it.
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Anonymous users2024-02-02The legal analysis is not large: if there is no special agreement on the property during the period of separation, it shall be divided according to the joint property of the husband and wife. The division of the joint property of the husband and wife shall be decided by agreement between the two parties, and if the agreement is not reached, the court shall make a judgment.
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 agreement between the two 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 the husband or wife in the contracting and management of family land shall be protected in accordance with law.
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Hello, mine below;
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