Whether the wife can divide the property if she files for divorce

1. "How to distribute the property of the divorce proposed by the woman": If both parties are not at fault, the joint property of the husband and wife after marriage is divided equally, and the personal property of one party before marriage still belongs to the individual.

2. "My family has a house. There is also a bungalow. If the two divorce. Will the house be given to him? ": As far as you can tell, no. It depends:

1) Whose name is written on the title deeds of these 2 houses? You say it's "your home", if the real estate deed is in the name of your parents, neither of you has the right to share this house, it belongs to your parents.

2) If your name is written on the real estate deed: it depends on whether the house was purchased before or after your marriage: the property purchased before marriage is your personal property before marriage, and he has no right to claim a share in the divorce; If there is no special agreement on the ownership of the property, it is the joint property of the husband and wife, and he has the right to demand half of it.

3) If it is marital property: when dividing it, it is divided into half of each house, not which one is given to him.

3. "How to divide property (family savings)?" In the same way, the personal property before marriage belongs to the individual, and the property after marriage is disposed of according to the agreement, and if there is no agreement, it is the joint property of the husband and wife, and half of one person.

4. "If the woman mentions it first, will the woman get less savings?" ”：

1) No, whoever files for divorce first will have no impact on the division of property.

2) What has an impact on the division of property is not who filed for divorce first, but who is at fault for causing the divorce.

5. "If the woman has a child, the child will be 22 years old this year. Will there be a relatively large share of the property? "No, because the child is already an adult, the parents have no obligation to support them, and the property will not be affected if the child does not follow anyone.

Legal analysis: the woman can get a share of property when she files for divorce, and when the divorce occurs, the joint property of the husband and wife is 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. 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 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.

The wife filed for divorce and had property division. There is no direct link between filing for divorce and the division of property. According to the relevant laws and regulations, in the event of divorce, the personal property of one party shall not be divided, unless otherwise agreed by the parties.

If the agreement fails, 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.

1. What is divorce and property separation?

The division of property in a divorce generally refers to the separation of property in a divorce. According to the relevant laws and regulations, where a man and a woman divorce, the personal property shall not be divided, unless otherwise agreed, and the joint property shall be divided by agreement between the two parties, and if no agreement is 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.

2. What are the relevant legal provisions for divorce property without children?

There are the following provisions on the division of property in divorce without children: if the division of property is involved, it is generally divided by agreement between the husband and wife first; If the agreement fails, a lawsuit may be filed and divided by the people's court, and the people's court will make a judgment according to 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. Only joint property belonging to a man and a woman can be divided.

Personal property is generally not divided unless otherwise agreed.

3. How does the Civil Code provide for the division of property after marriage?

1. The pre-marital property is the personal property of one of the husband and wife, and Lu Nachai will not be converted into the joint property of the husband and wife due to the continuation of the marital relationship, and will not participate in the division of property, unless otherwise agreed by the husband and wife.

2. 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.

Article 1065 of the Civil Code of the People's Republic of China.

The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and 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.

Article 1087.

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 early rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

The woman files for divorce and the property can be divided. As long as the woman is not at fault and there is no agreement between the parties that the property belongs to the husband, the woman can divide the joint property of the husband and wife equally. The man and the woman may agree in writing that the property acquired during the existence of the marriage relationship, as well as the pre-marital property and the pre-marital property, shall be owned separately and partly jointly.

Husbands and wives have equal rights to dispose of joint property. At the time of divorce, the property jointly owned by the husband and wife may be disposed of by mutual agreement, and if the disposition cannot be disposed of, 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. According to Article 1087 of the Civil Code, 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 in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party of Zaohui.

Article 1087 of the Civil Code provides that in the event of a 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.