How to divide the joint property of the husband and wife after divorce?

In the case of divorce by litigation, the joint property of the husband and wife shall be divided in accordance with the manner and share specified in the judgment after the divorce, and in the case of divorce by agreement, it shall be divided in accordance with the agreement in the divorce agreement. If it is undivided property, it shall first be divided by agreement between the husband and wife, and if the negotiation fails, a lawsuit may be filed with the people's court, and the people's court shall make a judgment.

[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.

What is Divorce Separation? Sometimes it is true that there is a divorce after the separation of property, but most of them still talk about the division of property in the divorce. The property divided in the divorce refers to the joint property of the husband and wife, and the personal property is not disposed of.

1. According to the first paragraph of Article 39 of the Marriage Law, "in the event of divorce, the joint property of the husband and wife shall be disposed of by both parties through consultation", that is to say, the division of property between the husband and wife at the time of divorce shall be carried out by both parties under the principle of consensus, and cannot be decided by one party.

2. In accordance with the principle of "equality between men and women" stipulated in the first paragraph of Article 2 of the Marriage Law, women cannot be discriminated against, believing that women should share less if they earn less, and that women's rights should be respected and protected in divorce and division.

3. If the negotiation fails in accordance with the provisions of paragraph 2 of Article 39 of the Marriage Law, 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 and the woman.

4. The principle of compensation. According to Article 40 of the Marriage Law, "......If one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. "It means that when dividing the marital property in accordance with the law, the party who has paid more obligations may claim compensation from the other party, and the compensation shall be paid from the divided property, and if the divided property is insufficient to pay, it shall be made up from his or her personal property.

5. The principle of taking care of the innocent party. If the relationship between the husband and wife breaks down due to the fault of one party and the divorce is caused, the innocent party has the right to claim compensation for marital damages. Article 46 of the Marriage Law stipulates that "if any of the following circumstances leads to divorce, the innocent party shall have the right to claim damages":

1) of; 2) A person who has a spouse cohabits with another person;

3) implemented;

4) Abusing or abandoning family members.

In the division of the joint property of the husband and wife, both parties shall divide the creditor's rights and debts at the same time when agreeing, and shall not harm the interests of others, the state or the collective as a result of divorce.

In the event of a divorce, the joint property of the husband and wife shall be divided by mutual agreement. If it is not possible to divide the property by agreement, 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.

Answer: When determining and dividing the equity of the company in the joint property of the husband and wife, the equity acquired by one of the spouses before marriage and the equity obtained by personal property contribution after marriage shall be recognized as personal property and shall belong to the owner at the time of divorce. The equity acquired by the husband and wife with joint property after marriage is joint property and shall be divided according to law in the event of divorce.

(v) Other property that shall be jointly owned.

The following property acquired by the husband and wife during the existence of the marital relationship, such as wages and bonuses, income from production and business, etc., shall be jointly owned by the husband and wife.

Joint property, one and a half for one person.

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