Is it necessary to divorce and put half of the property in one person? Can anyone explain in detail

1.There is no such thing as de facto divorce, and if a de facto marriage is only before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, and both the man and the woman have met the substantive requirements for marriage, it shall be treated as a de facto marriage. There has been no de facto marriage since then.

2.Conditions for divorce.

Article 32 of the Marriage Law Where a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with 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 should be granted.

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

1) bigamy or cohabitation of a person with a spouse;

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

3) Those who have bad habits such as gambling and drug abuse that they do not change;

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 one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

3.Question about the criteria for relationship breakdown.

Several Specific Opinions on How the People's Courts Determine that the Relationship between the Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases In any of the following circumstances, it is deemed that the relationship between the husband and wife has truly broken down. If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law.

1. One party suffers from a disease that legally prohibits marriage, or one party has a physical defect, or is unable to have sex for other reasons, and it is difficult to **.

2. Lack of understanding before marriage, hasty marriage, and lack of marital relationship after marriage, making it difficult to live together.

3. Concealing mental illness before marriage and not being cured after marriage, or marrying the other party knowing that the other party is mentally ill before marriage, or one of the spouses suffering from mental illness during the period of living together and not being cured for a long time.

4. One party deceives the other party, or falsifies the marriage certificate during marriage registration.

5. After the marriage is registered, the parties do not live together, and there is no possibility of reconciliation.

6 Arranged marriages, buying or selling marriages, filing for divorce immediately after marriage, or living together for many years, but not establishing a relationship between husband and wife.

7. Those who have been separated for 3 years due to emotional discord and there is no real possibility of reconciliation, or who have been separated for 1 year after a people's court has ruled that divorce is not permitted, and do not perform their obligations as husband and wife.

8. Where one party commits adultery or illegal cohabitation with another person, and still shows no repentance after education, and the innocent party sues for divorce, or the party at fault sues for divorce, and the other party does not agree to the divorce, and after criticism, education, punishment, or after the people's court has ruled that the divorce is not allowed, the faulty party sues for divorce again, and there is no possibility of reconciliation.

9 Where one party has bigamy and the other party files for divorce.

10. It is difficult for a husband and wife to live together because one party has a habit of indulgence, such as gambling, or fails to fulfill family obligations and refuses to change his or her teachings.

11. One party has been sentenced to a long-term prison sentence in accordance with law, or his or her illegal or criminal acts have seriously hurt the feelings of the husband and wife.

12 Where one party's whereabouts have been unknown for two years, and the other party sues for divorce, but no whereabouts are found through public announcement.

13 Those who have been abused or abandoned by the other party, or who have been abused by the other party's relatives, or who have abused the other party's relatives, and who have not changed their ways after education, and the other party has not forgiven.

14 The relationship between husband and wife has broken down due to other reasons.

My Elephant Book. Thank you for your support

Why, don't want to give it to others?

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.

In principle, after the divorce, the property after marriage is half of one person, and if the two parties reach a consensus through consultation, it may also not be divided equally; 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 specific circumstances of the property. Only joint property belonging to a man and a woman can be divided.

[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 the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property transfer 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 joint property of the husband and wife should be half of the person.

Article 17 of the Marriage Law stipulates the scope of property that should be jointly owned by the husband and wife during the existence of the marital relationship, that is, 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 refer to the wages and bonus income of one or both parties during the existence of the marital relationship, as well as various welfare policy income and subsidies; (2) The income from production and operation refers to the income from production and operation of one or both spouses during the existence of the relationship between husband and wife; (3) The income from intellectual property rights refers to the income from intellectual property rights owned by one or both spouses during the existence of the marital relationship; (4) Property obtained by inheritance or gift refers to the property acquired by one or both parties as a result of inheritance and acceptance of gifts during the existence of the marital relationship. In the case of inheritance income, it refers to the acquisition of property rights, not the actual possession of property.

Even if the marriage is not actually in possession before the termination of the marital relationship, as long as the inheritance occurs during the existence of the marital relationship, the inherited property is also the joint property of the husband and wife, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned.

Addendum: If you find a woman who has no job (income) and no house or anything, then the property is also half divided at the time of divorce.

If you don't want to divide half and half of the money, you should enter into a pre-marital property notarization before marriage, and agree that each party's income after marriage will belong to each other.

In principle, after divorce, the joint property of the husband and wife shall be divided equally between the two parties, and the property of the husband and wife before marriage shall be owned by each other. If there is an agreement between the two parties on the division of property, the property shall be divided in accordance with the agreement between the two parties. Article 19 of the Marriage Law provides:

Husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be separately or jointly owned or partly separately and partly jointly owned. The agreement shall be in written form, and where there is no agreement or the agreement is not clear, the provisions of articles 17 and 18 of this Law apply.

When suing for divorce, the personal property before the marriage belongs to each individual, and the joint property after the marriage is divided according to law, usually half of one person.

In principle, in the event of divorce, the joint property of the spouses is divided equally. However, if one party is at fault, the innocent party will be given an appropriate amount of weight according to the principle of taking care of the innocent party.

Property arising during the marriage is joint property and should be divided equally.

Half of the marital property per person, as long as you prove that it is premarital property, you don't want it!

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.

As a result, at least half of the property received by the woman at the time of divorce can be increased by the court according to the specific circumstances.

Well, because it's a joint property of husband and wife.

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.