What exactly is the concept of separation? What is the custom of separation? What kind of circumstan

property for property disputes.

In the long traditional period of our country, after the men of the general family got married, a new family was born, just like a ripe fruit on a tree, to break away from the original organization. In ancient China, it was normal for a family to have many children, so it was generally the eldest children who took the younger children. My aunt is like my mother, and my eldest brother is like my father, that's what I'm talking about.

In ancient China, the ruling class generally encouraged such separations in order to reward cultivation and weaving. A single family is more likely to open up, and opening up the wilderness and having more people is also an important means to maintain the stability of the rule and the prosperity of the country in the traditional period.

Separation is not a custom, separation is an inevitable product of the development of productive forces to a certain stage, and separation is actually the decomposition of a large family into small families. As the most basic unit of society, the small family is more conducive to the social division of labor and cooperation, and it is precisely the embodiment of the progress of productive forces. This model was basically finalized from the beginning of the Shang Dynasty Reform to the unification of China by Qin Shi Huang.

There are no special rules for rural separation, but it does not mean that it is a blind division, and there are some rules that play a role. For example, if there are two brothers, the eldest must divide the family immediately after marriage, and the eldest must set up his own household. Because there is a second child below, the parents have married a daughter-in-law to the eldest child, and the energy in the future has to be put on the second child, and they can no longer take care of the eldest child.

Once the family is separated, the eldest can no longer expect his parents to help him, on the contrary, although the eldest has separated from the family, he is still obliged to take care of his younger brother, and cannot just listen to his daughter-in-law and ignore everything. Under normal circumstances, rural families cannot share property, on the contrary, they can also share some arrears. Because the boss needs to spend money to build a house and marry a daughter-in-law, rural people don't save much money, and building a house and marrying a daughter-in-law are the two biggest things in the countryside, and most people will owe money.

Therefore, after the eldest family is separated, he will be divided into part of the arrears. For example, if you owe 50,000 yuan to others, it is possible to give him 30,000 or 40,000 yuan for him to pay back, and there is a second child behind his parents, who can't afford to pay back so much.

In fact, it is a custom in Hunan, generally if the family is relatively wealthy or there are several children in the family, because they will be afraid of each child arguing.

Splitting the family is a custom in Hunan and Hubei, and it will only be separated when the two sons are married and start a business, in order to divide the money clearly.

Legal analysis: If two brothers are separated, a written separation agreement should be signed, setting out a specific list of property divisions, and both parties should sign and confirm it in person. When proceeding with the separation, there are a few things to keep in mind:

1. If the divided family property does not belong entirely to the two brothers, and the other owners do not agree to divide it, the two brothers cannot divide it alone. The property should be disposed of first, and the property belonging to the two brothers should be divided first. 2. If the parents are still alive and the property is the property of the parents, and the parents agree to divide it between the two brothers, the parents should sign the separation agreement as the parties.

Legal basis: Article 1133 of the Civil Code of the People's Republic of China Natural persons may make a will to dispose of personal property in accordance with the provisions of this Law, and may appoint executors. A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.

A natural person may make a will to donate his or her personal property to an organization or individual other than the state, collective, or legal heirs. A natural person may establish a testamentary trust in accordance with the law.

If it is the old man, how the old man distributes it, if it has nothing to do with the law, there is no other way to say it, but to divide the house from a reasonable point of view, and the two brothers will carry out it through negotiation. The separation agreement is a civil contract, as long as the separation agreement does not violate the provisions of the law, the true intention of both parties is expressed, it has legal effect and is binding on both parties, and the basic content of the agreement should include the following aspects: 1. The basic information of the contractor and the title of the generation in the family.

2. The reason, reason and purpose of the separation. 3. The agreement to divide the common property of the family and the balance of the settlement of the original family's debts. 4. A breakdown of the divided property and the name of its owner.

5. The name of the witness, the witness is not required, but can be established voluntarily. 6. Signatures and fingerprints of the contractor and witnesses. 7. The specific time and implementation date of the contract.

Legal basis: Civil Code of the People's Republic of China

Article 299:Co-owners jointly enjoy ownership of the immovable or movable property jointly owned.

Article 300 Where there is an agreement on the management of the immovable or movable property jointly owned by the co-owners in accordance with the agreement, or if the agreement is not clear, all the co-owners have the right and obligation to manage it.

Article 301:The disposition of jointly owned immovable or movable property, or the major repair or change of the nature or use of jointly owned immovable or movable property, shall be subject to the consent of the co-owners or all co-owners accounting for more than two-thirds of the shares, unless otherwise agreed between the co-owners.

Article 308:Where the co-owners have not agreed on the immovable or movable property in common to be jointly owned by shares or jointly owned, or the agreement is not clear, it shall be deemed to be jointly owned by shares, unless the co-owners have a family relationship.

Legal analysis: 1. First of all, the children must be over 18 years old, which is also the most basic condition for the division of the household, and the minor children are not allowed to be separated, which must be met. 2. In a family with many children, there are already brothers and sisters who have married and established a new family, and they are still living with their parents.

3. Married children have been separated from their parents and have a personal residence (there are places where rural sons can apply for homestead land when they reach adulthood). 4. There are many brothers and sisters in the family, if both brothers are married, they already have the conditions for dividing the household. Under normal circumstances, only children are not allowed to apply for household separation.

5. After the family relationship breaks down, the couple can apply for household separation.

Legal basis: 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 is 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 163 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 is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation or compensation received by one party 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 party.

Article 1066:In any of the following circumstances during the existence of a marital relationship, one of the husband and wife may request the people's court to divide the joint property: (1) one party has acts that seriously harm the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or falsifying the joint debts of the husband and wife, 2) the person for whom one party has a legal obligation to support is suffering from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

Hello, let me tell you, there is a big difference between separating and not separating, for example, you and your brother's parents will divide the family, so that your parents will have two shares of property, one of you, almost equal, these properties can be said to belong to you in the future, many things are worried about the parents, do it, you don't have to care, it is very worry-free, after the separation of everything has your own to handle, and it is particularly troublesome, everything in the family has to rely on you, eat, drink and sleep, etiquette and exchanges, big and small things have to rely on themselves, And also to honor your parents, do a good job in the relationship between brothers, etc., if there are brothers and sisters, sooner or later to divide the family, you can save a little bit if you don't divide the family, after all, the old man or brothers and sisters share a lot of things in the family, once the family is separated, you are an independent family, all the things in the family you must take care of, the cost of the family will increase a lot, inspire you to work harder, and invest more in a happy family.

Here I wish you happiness every day, all the best, a wide range of financial resources, a successful career, and wish a harmonious family, and live a happier day by day.

Separation is like a family of three living together, if you don't separate the family, you can live with your parents, or your siblings. If the family is separated, the life of the young couple is their own life, and they will deal with everything by themselves. If you don't have a family, sometimes your parents can help, or your siblings can help.

But if you don't separate the family, sometimes there may be more contradictions.

Adapt to financial independence and have your own little life.

Families are reunited together.

1. When dividing the family and property, it is necessary to make a clear distinction between the common property of the family and the personal property of the family members. The division of property can only be the division of the common property of the family, and the personal property belonging to the family members does not belong to the category of division.

2. When dividing the family and property, the common property of the family should be divided according to the principle of fairness and reasonableness. The division of common family property, especially the division of certain production, labor tools, equipment, etc. It should be as conducive to production as possible and to the development of the respective expertise of family members.

For certain specific properties that are inconvenient to divide, they can also be modified by way of special agreement to give full play to the effectiveness of this item. The division of property is directly related to the future living arrangements of family members, so it should be carried out in the form of an agreement on the separation of family and property, so that there will be no disputes between brothers and sisters over the unclear ownership of a certain property right after the separation.

Legal basis: Civil Code of the People's Republic of China

Article 1074:Grandparents who can afford it have an obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them. Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.

Article 1075:Older brothers and sisters who can afford it have an obligation to support minor younger brothers or sisters whose parents have died or whose parents are unable to support them. Younger brothers and sisters who are raised by older brothers and sisters who can afford it have the obligation to support older brothers and sisters who lack the ability to work and lack livelihood.