Is it necessary for one wife to earn half of the property in the divorce?

The property acquired by the husband and wife during the marriage is jointly owned by the spouses, so the husband also has a share of the house bought by the wife.

At present, there are two ways of divorce in China: one is divorce by agreement, that is, the husband and wife reach an agreement on the division of marital property, sign a written agreement, and then go to the civil affairs department to register the divorce.

The other is the way of litigation. That is, if the two parties fail to reach an agreement on the division of property, they will sue the people's court. Depending on the specific circumstances of the property, the court will deal with the property in accordance with the principle of taking care of the interests of the children and the woman.

If the minor child lives with the woman, the property will be divided among the woman. In addition, the man is responsible for part of the cost of raising the minor child up to the age of 18.

If what you say comes up and the law protects the lazy, you can appeal against the decision or judgment of the court of first instance.

If you think that the wife should not give her husband a part of the house she invests in, but the law stipulates that it belongs to both parties, because the law believes that when one party makes money, the other party also has a credit, including emotional and moral support.

As long as it is a house that you buy after marriage, no matter who makes money to buy it, it is considered the joint property of the husband and wife, so it is half of one person when you divorce.

This is about the division of money within marriage, it is best to consult the relevant lawyer, who will give you better advice. Of course, in my understanding, if the husband and wife file for divorce, the two property courts will divide the property as joint property.

Definitely one and a half. There's nothing to say.

Consult a lawyer, the parent raising the child should be more than enough.

Legal analysis: In principle, after divorce, the joint property of the husband and wife is divided equally, but in practice, it is not necessarily necessary to divide it equally. If there is an agreement between the two parties on the division of property, the property shall be divided according to the agreement of both parties, and if there is no agreement, the two parties shall negotiate how to divide it on their own, as long as both parties are willing to divide it unequally.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife voluntarily divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

If a child Hui Yuanfang is declared missing, and the other party files a divorce lawsuit, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

One party has no property in the divorce and needs half of the property of one person.

Article 1062 of the Civil Code, which came into effect in 2021, stipulates that the following property acquired by a husband and wife during the existence of a marital relationship shall be the joint property of the husband and wife and shall be 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 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1087 stipulates that 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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be 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 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1087 of the Civil Code of the People's Republic of China provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the 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 1063 of the Civil Code of the People's Republic of China provides that the following property is the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

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;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

One party needs half of the property in a divorce because the property acquired by the husband and wife during the marriage relationship is joint property, and the joint property of the husband and wife is divided equally according to the law. 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.

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.

At present, there are two ways to handle divorce, one is divorce by agreement, and the distribution of property is decided by both parties through negotiation; The second is litigation divorce, and the distribution of property is determined by the court judgment. However, under normal circumstances, the joint property of the two spouses during the existence of the relationship will be awarded half of the person.

Under normal circumstances, two people agree to divorce and half of the property, even if the other party does not agree, it stands to reason that the court judgment is also half of the person, unless there is any fault of one person, then the property should be divided less, or no property.

Divorce is possible in accordance with the law to acquire half of the property jointly owned after marriage. However, it is also possible to do without property depending on the person.

In the event of divorce, the pre-marital property shall be owned by each other, and the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement fails, the people's court shall make a judgment on the basis of the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and innocent parties.

Most divorces require an equal distribution of half of the property, but this is true in most cases.

If there is pre-marital property, whoever has it belongs to whom. In the case of marriage, the property will be divided according to one half of the person.

Need half of the property for one person? Then this disease is not carried out in this way, but it depends on the fact that there is a lot of wrong behavior in the divorce, and the division of her property in this place must be.

After the divorce, the division of family property can be settled by both parties through negotiation, as long as both parties agree to divide it, or it can go to the court for a court judgment.

Half of the marital property is shared by each person, but if one party is at fault in the marriage, he or she can be less, and one party's private achievements and expenses that are not used for family life can be recovered.

It stands to reason that this is the case. However, the court may have to consider the specific circumstances of the two persons in making a decision. So not necessarily!

In principle, if a husband and wife divorce, the joint property of the husband and wife shall be divided equally after marriage. It is also possible for both parties to agree on specific matters.

This is not necessarily, it depends on each person's premarital property and agreement, and the two people can negotiate the split.

This depends on who owns the property before marriage, and if the husband owns more, the divorce will also divide more.

This is not necessarily, but also depends on the ownership of premarital property and the division of responsibilities for divorce.

The division of property in a divorce is not all one and a half, so it is necessary to divide before and after marriage.

1.Marriage is not easy, but it is possible and cherished, and it is discussed according to the situation.

The property before the marriage belongs to oneself, and the property after the marriage is half for one person.

Yes, as long as the other party agrees

The joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement fails, the people's court shall make a judgment on the basis of the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and innocent parties.

Not necessarily, it depends.

In accordance with the provisions of the Civil Code and the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts (hereinafter referred to as the "Opinions on Property Division"), combined with judicial practice, the people's courts shall follow the following principles when hearing divorce cases and dividing the joint property of husband and wife:

1) The principle of equality between men and women. The principle of equality between men and women is reflected in the various legal norms of the Civil Code, and is also the guide for the people's courts in handling marriage and family cases. This principle is embodied in the division of property in divorce, that is, the husband and wife have the right to divide the joint property equally and bear the obligation of joint debts equally;

(2) The principle of taking care of the interests of the child and the woman. The "care and pattan accompaniment" here can not only give the woman an appropriate share of the property, but also distribute a certain property that is particularly needed for life, such as housing, to the woman in terms of the type of property. After all, in terms of customary forces, obstacles caused by the influence of traditional factors, and women's housework burdens and physiological characteristics, after divorce, women are generally weaker than men in finding jobs and earning a living, and they need more help from society.

At the same time, when dividing the joint property of husband and wife, special attention should be paid to protecting the lawful property rights and interests of minors. The lawful property of minors cannot be included in the joint property of the husband and wife for division;

3) The principle of conducive to life and convenient life. The division of joint property in divorce should not be carried out without compromising the utility, performance and economic value of the property. In the case of the division of the means of production in the common property, as far as possible, they should be distributed to the party who needs the means of production and can better play the utility of the means of production; When dividing the means of subsistence in the common property, it is necessary to satisfy the professional or professional needs of the individual as much as possible, so as to give full play to the use value of the property.

The indivisible property shall be owned by one party according to the principle of actual needs and beneficial utility, and the dividing party shall compensate the other party according to the actual value at the time of divorce in accordance with the principle of equity;

4) The principle of non-abuse of rights. When dividing the joint property of the husband and wife in a divorce, the property belonging to the state, the collective, or others must not be divided as the joint property of the husband and wife, and the lawful interests of others must not be harmed in the name of dividing the joint property of the husband and wife;

5) Where property owned by one of the spouses is consumed, damaged, or lost during common life, the other party shall not compensate for it. This is a summary of judicial practice experience, which meets the requirements of the relationship between husband and wife and the essence of marital life, and is conducive to avoiding unnecessary disputes.

Legal Analysis: Yes. At the time of divorce, an agreement is made on the joint property of the husband and wife during the existence of the marital relationship, and if the distribution depends on the outcome of the agreement between the two parties, it can be agreed that one person and half can be agreed.

If an agreement is not reached and a divorce is required by litigation, the court will comprehensively determine the distribution of the divorced property based on the specific reasons for the divorce, child support, protection of the woman's rights and interests, etc.

Legal basis: Article 1 of the 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 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 of the family's land shall be protected in accordance with law.