What is a lawsuit for the division of common property?

The requirement to divide the joint property needs to be an action for payment or a lawsuit for formation depending on the specific circumstances, as follows:

A lawsuit for payment refers to a lawsuit in which one party requests the court to order the other party to perform certain civil obligations. Litigation for payment is based on whether the obligation to be performed has expired, and is divided into litigation for payment now and litigation for payment in the future.

A lawsuit for payment has two basic characteristics: First, the purpose of a party filing a lawsuit for payment is to request the court to order the other party to perform certain civil obligations. Second, the lawsuit for payment is enforceable, that is, after the payment judgment made by the court takes effect, the party with the obligation must perform the obligation in accordance with the requirements of the judgment, otherwise the court will enforce it according to the application of the other party.

A lawsuit is a lawsuit that changes the relationship of rights and legal relations based on a judgment. Judgments that recognize such requests are called constructive judgments, and the effect of changing the relationship of rights and legal relations is the forming force, and there is no corresponding enforcement content for such judgments, but enforcement in a broad sense, such as household registration, is a different matter, in other words, the formed judgment does not have the content of enforcement "limited to the meaning of the Civil Enforcement Law".

For the division of common property, if both parties recognize the joint ownership of property, and the parties directly apply for the division and return of the property, it meets the characteristics of a lawsuit for payment, and the lawsuit for formation is included in the lawsuit for payment, and the lawsuit for formation is only a premise. However, if the parties are not clear about the ownership of part of the property in the common property, the court needs to confirm the ownership of the property during the trial process, and this process forms a change of ownership, which is in line with the formation of the lawsuit, and the action for payment is included in the formed lawsuit.

It is a lawsuit for payment.

Litigation for payment: It is a lawsuit in which one party requires the other party to perform certain civil substantive obligations.

An action for payment: It is a lawsuit requiring the defendant to perform the obligation of act or omission, and "payment of money" is also an act of the defendant, so it constitutes a typical action for payment. A judgment made by the court ordering the defendant to perform an act or omission because it acknowledges the plaintiff's request is called a judgment of payment.

Actions for payment can be divided into actions for present payment and actions for future payment. The so-called lawsuit for future payment refers to a lawsuit in which the plaintiff claims in advance the right to claim payment that should be realized in the future, and there is a big difference between a lawsuit for future payment and a lawsuit for present payment in terms of the benefits of the lawsuit. "Enforceability" (the effect of initiating enforcement is called enforceability) constitutes an important difference between an action for payment and an action for confirmation and formation.

The main body of the judgment of the admission request is often expressed in the form of an order that "the defendant shall pay 100,000 yuan to the plaintiff", that is, it is rooted in the judge's concept of enforcement.

Confirmation lawsuit: refers to a lawsuit in which a party requests the people's court to confirm the existence or non-existence of a certain legal relationship.

A lawsuit for confirmation is a lawsuit for confirmation of a relationship of rights or a legal relationship, and a judgment recognizing such a request is called a judgment of confirmation. "Confirmation of the owner of something as the plaintiff", "confirmation of the representative of a legal person as the plaintiff", etc., are examples of actions for confirmation. In principle, a lawsuit for confirmation of a relationship of rights or a legal relationship is a form of action for confirmation, but as an exception, a lawsuit for confirmation of the authenticity of a document proving the authenticity of a document proving a legal relationship (whether the document was made based on the plaintiff's claim of a specific person) is also a lawsuit for confirmation.

In addition, a lawsuit for confirmation can also be divided into a positive lawsuit for confirmation of the existence of a rights relationship and a lawsuit for negative confirmation of the non-existence of a rights relationship. In its relationship with the validity of the judgment, the two can be said to be the same in every respect, except for the point of res judicata. The "action to confirm the non-existence of a monetary obligation" in a negative confirmation action can be understood as the opposite form of a "lawsuit for payment of money", and in this type of confirmation action, there is a function of the debtor to compel the creditor to sue, so it is necessary to give special consideration.

1. Is there a lawsuit for inheritance to divide property?

It is legal for the heirs to sue for the division of the property, and if the heirs fail to negotiate, they will sue in court to divide the estate. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

Where the decedent's children die before the decedent, the descendants of the decedent's children shall inherit by subrogation.

2. When does the inheritance begin.

Inheritance begins when the decedent dies. An estate is a personal legal property left behind by a citizen upon his or her death, including:

a) the income of citizens;

2) Citizens' houses, savings and daily necessities;

3) Citizens' forests, livestock, and poultry;

4) Citizens' cultural relics, library materials;

5) the means of production that are permitted by law to be owned by citizens;

6) Property rights in citizens' copyrights and patent rights;

7) Other lawful property of citizens.

The personal income due to an individual from contracting shall be inherited in accordance with the provisions of this Law. Where an individual contract is allowed to be continued by an heir in accordance with the law, it shall be handled in accordance with the contract.

After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

The right of inheritance and bequest of an incapacitated person shall be exercised by his legal person. The right of inheritance and bequest of a person with limited capacity shall be exercised by his legal ** person on his behalf, or after obtaining the consent of the legal ** person.

If the heir commits any of the following acts, he or she shall lose the right of inheritance:

1) Intentionally killing the decedent;

2) Killing other heirs for the purpose of competing for an inheritance;

3) Abandoning the heir, or abusing the heir, where the circumstances are serious;

4) Forging, altering, or destroying a will, where the circumstances are serious.

The time limit for initiating a lawsuit in an inheritance dispute is two years, calculated from the date on which the heirs knew or should have known that their rights had been infringed. However, if more than twenty years have elapsed since the commencement of the inheritance, no further proceedings may be filed.

3. What is the right to inherit property?

1) The right of inheritance in the objective sense. It refers to the qualification of citizens to accept the inheritance of the decedent in accordance with the provisions of the law or the designation of the will before the inheritance begins, that is, the right and ability of the heir to inherit the inheritance. That is, the right of possible inheritance in the objective sense.

2) The right of inheritance in the subjective sense. It refers to the de facto property rights that the heir already has over the inheritance left by the decedent when the conditions (i.e., certain legal facts) are met, that is, the inheritance right that already belongs to the heir and brings him actual property benefits. This kind of inheritance right is related to the subjective will of the heir, and can not only be accepted, exercised, but also waived, and is an inheritance right with a realistic property right.

The realization of the right of inheritance begins when the decedent dies or is declared dead.

The contents of the complaint for the division of the common family property include: the basic information of the plaintiff and the defendant, the claims, the facts and reasons, the legal basis, and the relevant matters that need to be explained. Divorce is not uncommon in real life, and many divorces are caused by relationship problems.

After the relationship breaks down, the best option for both parties is divorce, which requires the division of property, and if there is no agreement on the division of property, litigation is required. The sample text is as follows: Plaintiff:

Gender: Date of Birth: Year Month Day Occupation:

Address: City No. Plaintiff: Gender:

Date of Birth: Year Month Day Occupation: Address:

Market No. Litigation Claim: Request for the division of the joint property of the plaintiff and the defendant in accordance with the law. Facts and Reasons In this case, the plaintiff and the defendant were married on xx-xx-xx-day, and their feelings did not divorce after the joint purchase during the existence of the marital relationship, and since the joint property was not divided at that time, they hereby request to divide the joint property of the husband and wife again.

Sincerely, the Municipal People's Court Prosecutor: YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

Civil Code of the People's Republic of China

Article 303.

Where the co-owners agree not to divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but where the co-owners have major reasons to need to divide it, they may request division;

If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the co-ownership is lost or there are serious reasons to divide it. Where the division causes harm to other co-owners, compensation shall be given.

Under normal circumstances, the people's court will divide the joint property when it mediates or adjudicates the divorce, and how to determine the cause of action is also determined according to the actual situation of each divorce case, and some will be determined as a dispute over the division of divorce property.

1. The principle of division of common property.

The principle of division of the joint property of the husband and wife in the event of divorce is the principle of taking care of the rights and interests of the children and the woman. In the event of divorce, the division of the joint property of the husband and wife shall first be negotiated by both parties, and if the negotiation fails, the people's court shall make a judgment in accordance with the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

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. What are the methods of division of common property?

1) Physical division. When the common property is divisible, the common property is divided into entities according to their respective shares or equally.

2) Variable price split. When the common property is indivisible and none of the co-owners wish to acquire the common property, the common property is sold for a price and the proceeds of the sale are divided.

3) Compensation for the price of jujube empty.

Article 303 of the Civil Code of the People's Republic of China stipulates that the co-owners shall not divide the jointly owned immovable or movable property in order to maintain the co-ownership relationship, it shall be in accordance with the agreement, but if the co-owners have major reasons to need to divide it, they may request division; If there is no agreement or the agreement is not clear, the co-owners may request division at any time, and the co-owners may request division when the basis of the common ownership is lost or there are serious reasons to divide it. Where the division causes harm to other co-owners, compensation shall be given. Article 304:The co-owners may negotiate to determine the method of division.

If no agreement can be reached, and the jointly owned immovable or movable property can be divided and the value will not be diminished due to the division, the physical property shall be divided; Where it is difficult to divide or the value will be diminished due to division, the price obtained from the discount, auction or sale shall be divided. Where the immovable or movable property obtained by the co-owners is defective, the other co-owners shall share the losses.