The full text of the new Marriage Law on divorce and division of property

Legal analysis: The Civil Code adds a new circumstance that if one party intentionally squanders the joint property of the husband and wife, the court may order one party to divide less or no share of the property, and at the same time add the situation that if one party has a serious illness and the other party is unwilling to pay the medical expenses, the court may divide less or not divide the joint property.

Legal basis: Article 1066 of the Civil Code of the People's Republic of China During the existence of a marital relationship, in any of the following circumstances, one of the husband and wife may request the people's court to divide the joint property:

1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or falsifying the joint debts of the husband and wife;

2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

The division of property in a divorce is as follows:

1. The joint property of husband and wife shall generally be divided equally. That is to say, the joint property of husband and wife is divided equally in principle, and the specific treatment can also be different according to the actual needs of production and life and the actual situation of property. Items that belong to personal use are generally owned by individuals;

2. If the husband and wife live separately in the two places to manage and use the common property, and when dividing it, each party shall belong to the management and user party for the difference in the difference, and the party who has obtained the excess property shall compensate the other party with the property equivalent to the difference;

3. If the bride price is paid in accordance with custom after the marriage has been registered and the bride price is paid in accordance with the customs, or if the payment before marriage causes the payer to have difficulties in life, the other party may be requested to return the bride price at the time of divorce;

4. If one party operates in partnership with another party with the joint property of the husband and wife, the property of the tenant may be owned by one party, and the party who has a share of the property shall give compensation equivalent to half of the value of the property to the other party;

5. For the breeding and planting industries that are jointly operated by the husband and wife in the current year, they should be reasonably divided or discounted from the consideration of being conducive to the development of production and business management at the time of divorce;

6. Both parties have repaired, renovated, demolished and built the house owned by one party before the marriage, and the property rights have not been changed at the time of divorce, and the share of the multiplication part belonging to the other party shall be compensated by the house owner at a discount;

7. When the property is obtained through marriage, if the marriage is not long, or the other party's life is difficult due to the request for property. It can be returned as appropriate. Where it is difficult to determine whether the nature of the property obtained is a request or a gift, it may be handled as a gift;

8. The house jointly owned by the husband and wife that is not suitable for division and use shall be divided into one party according to the housing situation of both parties and the principle of taking care of and raising children or the party who is not at fault. The party who has been allotted the house shall compensate the other party equal to half the value of the house. The woman should be taken care of when both parties are on the same terms;

9. If the intellectual property rights owned by one party at the time of divorce have not yet obtained economic benefits, the other party shall be given appropriate care according to the specific circumstances when dividing the joint property of the husband and wife;

10. Where personal property before marriage is naturally damaged, consumed, or lost during the common life after marriage, and one party requests compensation with the joint property of the husband and wife at the time of divorce, it is not supported.

Legal basisArticle 1062 of the Civil Code of the People's Republic of China.

The following property acquired by the husband and wife during the marriage 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.

Summary. The provisions of the new Civil Code on the division of property are as follows: 1. Under normal circumstances, it shall be handled by agreement between the two parties; 2. If an 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.

The joint property of husband and wife refers to the property acquired during the existence of the marital relationship and is provided for in the Civil Code of the People's Republic of China. 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.

Hello, there is no such thing as a new marriage law.

The Marriage Law was superseded by the Peeling Civil Code on January 1, 2021.

The Civil Code has a marriage section.

The Marriage Law was replaced by the Civil Code on January 1, 2021.

The Civil Code has a marriage section.

I want to divorce her, but she doesn't agree.

In general, the marriage section of the Civil Code continues the content of the marriage section.

If you don't agree, you can't go to the Civil Affairs Bureau to negotiate a divorce.

You can only go to court to sue for divorce.

At present, there are only two ways to divorce, the first two parties can go to the Ministry of Civil Affairs for divorce on child support, voluntary divorce, and property division.

Otherwise, you can only go to court to sue for divorce.

When you go to court to sue for divorce, you have to prove that your relationship has broken down.

Now the other party does not agree to the divorce reason?

The provisions of the new Civil Code on the division of property are as follows: 1. Under normal circumstances, it shall be handled by agreement between the two parties; 2. If the 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 slag of the property. The joint property of husband and wife refers to the property acquired during the existence of the marital relationship and provided for in the Civil Code of the People's Republic of China.

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 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 party who is not at fault. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Summary. Hello, the new marriage law on the division of property in divorce is as follows: it is determined that the value-added part of the house purchased by one of the spouses before or after marriage belongs to the personal property of one of the parties.

In the event of a divorce, the increased value of the house will not be divided. For the purpose of one party donating real estate to the other party before marriage or during the existence of the marital relationship, and the ownership has not been transferred, the gift can be revoked. <>

Hello, the new marriage law on the division of divorce property is as follows: it is determined that the value-added part of the house purchased by one of the spouses before marriage or after the marriage belongs to the personal property of one party. In the event of a divorce, the increased value of the house will not be divided.

For the purpose of one party to donate the remaining property of the house to the other party before marriage or during the existence of the marital relationship, and the transfer of ownership has not been transferred, the gift can be revoked. Hall Li <>

Hello, when dividing the property, the property obtained after marriage that is managed and used by the husband and wife separately shall be recognized as the joint property of the husband and wife. The property managed and used separately by each shall be owned by each of them. If there is a huge disparity in the property divided between the two parties, the party who has obtained the excess property shall compensate the other party with the property equivalent to the difference.

Hello, the debts incurred by the husband and wife for living together or for the performance of maintenance and maintenance obligations should be recognized as joint debts of the husband and wife, and should be paid off with the joint property of the husband and wife in the event of divorce. The following debts cannot be recognized as joint debts of the husband and wife, and shall be paid off by one party with personal property: (1) Debts that the husband and wife agree to bear individually, except for the purpose of escaping debts.

2) Without the consent of the other party, one party finances the debts incurred by relatives and friends with whom it has no obligation to support them. (3) One party raises funds to engage in business activities on its own without the consent of the other party, and its income is not used for debts incurred by living together. (4) Other debts that should be borne by the individual.