How to divide the property after the divorce of the parents, and how to divide the property of the d

If the property is the joint property of the parents, it shall be divided according to the following law.

Marriage Law of the People's Republic of China

Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II).

Article 20: When the two parties are unable to reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it separately according to the following circumstances:

1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted;

2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation;

3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties, and the proceeds shall be divided.

Article 21.

If, at the time of divorce, the parties have a dispute over a house that has not yet obtained ownership or full ownership and cannot be reached through negotiation, the people's court shall not make a judgment on the ownership of the house, but shall make a judgment on the use of the house by the parties based on the actual circumstances.

Where there is a dispute between the parties after they have obtained full ownership of the houses provided for in the preceding paragraph, they may separately file a lawsuit with the people's court.

It's hard to say this, it depends on the actual situation, and it can't be generalized.

If the property purchased by the parents is divided by the husband and wife by agreement at the time of divorce in the names of both parties, if the negotiation fails, they can file a lawsuit with the people's court, and the people's court will generally rule that the house belongs to one party, and the party who gets the house shall give the other party half of the value of the house compensation. If it is Hui, the parents clearly only give it to one party personally, and there is no need to divide it, and it belongs to one party personally.

[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 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.

Article 29 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

Where before the parties get married, the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to the individual girl who buried the shed in front of their son, except where the parents clearly express that the gift is made to both parties.

After the parties get married, if the parents contribute to the purchase of a house for both parties, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principles provided for in item 4 of paragraph 1 of article 1062 of the Civil Code.

Parental property cannot be divided in the event of divorce. The division of property in divorce shall be clearly divided into personal property, joint property of husband and wife, and joint family property, and the division of property shall be limited to the joint property of husband and wife. If there is no separation from other family members, the joint property of the husband and wife should be distinguished from the property of other family members, and then the joint property of the husband and wife should be separated from the personal property of the husband and wife.

[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 fails, the people's court shall 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 family land contracting and escort camps shall be protected in accordance with law.

If the house is registered in the name of the parents, it cannot be divided in the event of divorce. At the time of divorce, only the joint property of the husband and wife is distributed, and the property belonging to the parents cannot be divided as the joint property of the husband and wife, and is not eligible for distribution.

1. Is it joint property for a husband and wife to buy a house unilaterally?

If a husband and wife unilaterally use their personal property to buy a house, and it is registered in the name of the individual, it belongs to the individual and does not belong to the joint property of the husband and wife, and cannot be divided according to the joint property in the event of divorce. If the house is purchased with the joint property of the husband and wife, it belongs to the joint property of both parties, and the distribution shall be carried out in accordance with the principle of distribution of the joint property of the husband and wife at the time of divorce.

2. Is it joint property to write a person's name on the house bought after marriage?

It is common property.

1. If the husband and wife do not expressly agree on the house purchased during the marriage of the husband and wife, only the name of one of them shall be written on the real estate certificate, and it shall be recognized as the joint property of the husband and wife;

2. If the immovable property purchased by the parents of both parties is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their respective parents' contributions, unless otherwise agreed by the parties.

If one party wants to own the right to use the house in the event of divorce, the appraisal unit will evaluate and then distribute it to the other party; If both parties want to own the house, both parties will make a bid; If neither party wants the house, the people's court will auction it and then distribute it.

3. Who is the divorce of the inherited property?

If there is no special provision for the inherited house, it belongs to the joint property of the husband and wife, but if the will clearly states that the property belongs to only one of the spouses, then the property belongs to the personal property of one of the spouses, and in the event of divorce, only this party belongs to this party, and the other party has no right to participate in the distribution of the property. If the will does not stipulate that it is joint property, and it belongs to both parties at the time of divorce, you can sell the property and divide the money from the sale.

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.

Article 1076:Where both husband and wife divorce voluntarily, 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.