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

It is said that it is joint property, it must be divided equally, if it is those real estate and the like, it can be valued and calculated, for example, there is a house at home, which is worth 1 million, then if one party wants it, it can be given to the other party 500,000, and the rest of the property can also be divided according to this division. The most important aspect of this type of segmentation is the average.

Of course, if the man is in this area, he can be a little more generous, so that the woman can get more property, after all, if you fall in love, even if you can't go to the end, after all, the woman has also accompanied herself through a period of youth, or has had a good memory, this is actually priceless, and it may not be possible to buy more money.

Even if you are capable and broad-minded, you can directly choose to leave the house, learn from Xue Zhiqian, leave all the family wealth to the woman when you divorce, and save some character, after all, if the man's money is gone, as long as he is willing to work hard, he can still earn it, you see that Xue Zhiqian is now definitely richer than before the divorce, and how popular it is now.

Of course, we can't ask everyone to be like him, but we can also try to divide the family property peacefully, and here I don't agree with going to court because of the division of the family property, if you do this, there will be no last bit of love between the husband and wife. There is also a divorce, if there are children, we must take into account the support of the children, no matter which party raises, the other party should consider it for the other party and the child, such as the mother with the child, then the house, it is recommended to leave it to the mother, you can't let the mother take the child to rent a house, and it is not good for the growth of the child, and even when the divorce, you should also consider how much child support the other party has to give the other party every month, this must be discussed when dividing the property, For parents, the big children are the biggest.

1. The joint property managed and used by the husband and wife separately in two places shall be owned by the management and user party when divided; In the case of a significant difference, the party who has acquired the excess property shall compensate the other party with property equivalent to the difference.

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

3. 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.

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.

In principle, the division of divorce property shall be subject to the agreement of the husband and wife, and if the two parties reach a consensus on the division of divorce property, it shall be implemented in accordance with the agreement signed by both parties. If the two parties are unable to reach an agreement on the division of property, they may file a lawsuit with the people's court and request the court to make a judgment on the division of the joint property of the husband and wife. In general, the joint property of the husband and wife is owned by both parties and is divided equally between the parties.

Community property refers to the property acquired by the husband and wife during the marriage. Article 17 of China's Marriage Law clearly stipulates the definition and scope of joint property between husband and wife. For example, when the children are raised by the woman and the woman does not have enough money, the people's court will not only order the man to pay child support, but also take care of the woman and give more property to the woman when the property is divided.

If the husband and wife agree in writing that the property acquired during the marriage relationship shall belong to each other, if one party has paid more obligations for raising and educating children, taking care of the elderly, etc., he or she has the right to demand compensation from the other party at the time of divorce.

Article 17 of the Marriage Law [Joint Property of Husband and Wife].

The following property acquired by the husband and wife during the marriage shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 39 of the Marriage Law [Divorce Settlement of Joint Property of Husband and Wife].

In the event of a 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.

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 40 of the Marriage Law [Compensation].

Where the husband and wife agree in writing that the property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Article 41 of the Marriage Law [Joint Debts].

At the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

Article 42 of the Marriage Law [Appropriate Assistance].

In the event of a divorce, if one party is in financial difficulty, the other party shall provide appropriate assistance from his or her personal property, such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

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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 husband and wife before marriage and the equity obtained by contribution of personal property 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.

The following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; 2) the income from production and operation; 3) income from intellectual property rights; 4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; 5) 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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For the joint property of the husband and wife, if the husband and wife divorce, the property must be divided jointly. Because he belongs to the joint property of the husband and wife, at this time, the divorce of the husband and wife needs to be divided equally by both parties. No, it belongs to one side.

Legal analysis: The divorce division of the property of the husband and wife is generally divided equally. If one party conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the other party may share less or no share of the joint property of the husband and wife in the divorce.

The first and most correct basis of the law: the Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their 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 1063 The following property shall be the personal property of one of the husband and wife:

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

2) Compensation received by one party for personal injury or compensation 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.

Article 1087: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.

Methods of division of marital property in the event of divorce: if the property is personal property, it is generally not divided unless otherwise agreed, and if the property is jointly owned, it shall be handled by agreement between the two parties, and if the agreement is not reached, the people's court shall 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.

[Legal basis].

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.

The agreement between the husband and wife on the property acquired during the existence of the marital relationship and the distribution of property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

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