How to divide the property of a rural couple after a divorce, and how to divide the property of a ru

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.

2. About child support and child support.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

3. On the division of common property.

The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

4. About the divorce procedure, required documents and fees.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

Hello, first of all, distinguish the nature of the property. It can be seen that Article 17 of the Marriage Law provides that the following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife: (1) Wages and bonuses; (2) Income from production and operation; (3) the proceeds of 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 18: In any of the following circumstances, it is the property of one of the husband and wife: (1) The premarital property of one party; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side as a result of bodily injury; (3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.

Personal property is owned by one of the spouses, and the joint property of the husband and wife is divided equally between the spouses.

If it is the joint property of the husband and wife, it is generally distributed equally, but for the house where the husband lives, if it is built after marriage, it is necessary to give a certain amount of compensation to the party who has a foreign household registration.

Joint property, divided equally. Pre-marital personal property is owned by the individual.

The method of distribution of property in rural divorce: the joint property of the husband and wife shall be distributed by agreement between the two parties, and if the agreement fails, the 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. The personal property of one party shall not be distributed, unless otherwise agreed by the parties.

[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 marriage and the 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 management of family land shall be protected in accordance with law.

Hello, first of all, distinguish the nature of the property. It can be seen that Article 17 of the Marriage Law provides that the following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife: (1) Wages and bonuses; (2) Income from production and operation; (3) the proceeds of 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 18: In any of the following circumstances, it is the property of one of the husband and wife: (1) The premarital property of one party; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side as a result of bodily injury; (3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.

Personal property is owned by one of the spouses, and the joint property of the husband and wife is divided equally between the spouses.

There is no need to pay to the man, because they are indeed married. However, in order not to cause trouble, you can negotiate the amount.

If they do not live together after the marriage, or if they live for a very short time, the court will require the woman to return all or part of the bride price.

Beijing Marriage and Family, lawyer Liu Dalai.

If it is common property, it will be divided equally, and if it is the property of one party, it will not participate in the distribution.

Article 17 of the Marriage Law 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) Income from production and operation;

(3) the proceeds of 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 11 of the Judicial Interpretation of the Marriage Law During the existence of a marital relationship, the following property shall be jointly owned as provided for in Article 17 of the Marriage Law:

1) The income obtained by one party from the investment of personal property;

2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

3) Pension insurance funds and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

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

2) Medical compensation, living allowance for the disabled, and other expenses received by one side due to bodily injury;

(3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

(4) Daily necessities for the exclusive use of one side;

(5) Other property that shall belong to one party.

Theoretically, it is not necessary, but because of the short time of marriage, it is recommended to give a part of it to the man.

If you feel satisfied, for. Thank you!

Divide property in accordance with the provisions of the Marriage Act.

Articles 17 to 19 of the current Marriage Law define the joint property of the husband and wife as property acquired during the existence of the marital relationship.

medical compensation, living allowance for the disabled, etc.; (3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; (4) For the exclusive use of one party.

After the divorce, the property of the husband and wife should be distributed in accordance with the law.

If a rural couple wants to divorce, the property is still distributed in accordance with the Marriage Law.

Personal property before marriage is owned by the individual, and joint property is divided equally after marriage.

In the event of divorce, the joint property of the husband and wife is generally divided equally. Article 39 of the Marriage Law stipulates that: "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 the principle of taking care of the rights and interests of the children and the woman.

If there is no legal and valid agreement on property in the divorce of a man and a woman, the property shall be divided in accordance with the provisions of the law. Where it is personal property provided for by law, it is owned by the individual; Where it is joint property as provided for by law, it shall be handled in accordance with the method of consultation, and if no consensus is reached, it shall be divided equally in principle.

It must be in accordance with the legal process, half of the man and half of the man.

If it was personal property before marriage, it will remain personal property after divorce.

If it is common property, it will be divided equally, and if it is the property of one party, it will not participate in the distribution.