How to divide the family contents insurance in the event of a divorce

Whether the insurance interest of a commercial nature is regarded as the joint property of the husband and wife or as the personal property of one party shall be determined in accordance with the type of insurance and the specific terms of the insurance. There are several situations in which there is no need to divide the insurance after divorce: before marriage, the insurance bought by yourself is personal property, and the other party has no right to ask for the surrender of this insurance, nor can you share any income from this policy.

After getting married, if you use your personal property to buy insurance for yourself, you need to prove that the premium** is personal property, and the other party cannot surrender the insurance and cannot share any income. The insurance purchased by parents for their children, regardless of whether the children are married or not, belongs to the personal property of the parents, and the children cannot be surrendered or divided when they are divorced. If you receive a sum of compensation, whether it is death, critical illness, accident or hospitalization, it is your exclusive property, even if the policy is bought with the joint property of the husband and wife.

If you need to divide the insurance after the divorce: the property insurance can divide the premiums paid or the expenses after surrender with the divorce certificate or court divorce judgment; Return-type property insurance can take three methods: agreement, split compensation, and termination of contract to split the reserve.

Home property insurance. Partition? Home contents insurance covers indoor contents and damage to neighbors due to problems such as leaking pipes. This is liability insurance. How to divide? About a few hundred dollars a year of insurance.

After divorce, the family property insurance can be divided, and during the existence of the relationship between the husband and wife, regardless of whether the family property is insured in the name of both husband and wife or in the name of the individual, since the subject matter of the insurance is the joint property of the husband and wife, the insurance money shall belong to the husband and wife jointly.

If the insurance is purchased in the name of an individual, the insured party can be required to go to the insurance company to go through the surrender procedures, and then the insurance company will refund the premium after deducting the necessary expenses, and divide it equally as the joint property of the husband and wife. If you do not wish to surrender the policy, you can calculate the remaining premium value of the policy and divide it as a joint property.

1. Is it reliable to find a third party for insurance surrender?

In fact, surrender is mainly divided into two situations: surrender during the hesitation period and normal surrender, as follows: 1. Surrender during the hesitation period. Surrender during the hesitation period refers to the time for the insurance company to hesitate to the policyholder, which is generally about 10-15 days after receiving the policy.

Under normal circumstances, if the policy is surrendered during the cooling-off period, the premium will be refunded in full. 2. Normal surrender. Surrender beyond the cooling-off period is considered a normal surrender.

Normal surrender requires the policyholder to submit a cancellation application to the insurance company, and the insurance company will refund the cash value of the policy within 30 days after receiving the application.

2. What happens to the insurance purchased by the company after the death of the insurer?

For example, the company is the policyholder and beneficiary of the insurance, and the premium is paid by the company, which is a way for the company to share the risk with the insurance company in order to avoid accidents, so the beneficiary of the insurance benefit should be the company. If the premium is paid by an individual (or deducted from an individual's salary), although it is handled by the company in a unified manner, but the policyholder and the beneficiary are both employees (or employees designated by themselves), it should be the employee's risk protection for themselves and their families, and the compensation should go to the beneficiary designated by the policyholder and be inherited by the beneficiary.

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 is 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.

If the property insurance is handled during the existence of the marital relationship, and the joint property of the husband and wife is the subject of insurance, it is the joint property of the husband and wife. Where the agreement takes precedence, and if the 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.

[Legal basis].

Article 1062 of the Civil Code.

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) Early wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Property inherited or donated by a chainbird, except as provided for in item 3 of Article 163 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

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 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 closed nature of the property.

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