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This can't, legally speaking, it should be divided equally.
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The division of property proposed by the husband for divorce is as follows: in principle, the joint property shall be divided by agreement between the husband and wife; If the agreement fails, the parties may file a lawsuit with the people's court, and the people's court will 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. Personal property is not divided unless otherwise agreed.
Legal basisArticle 1087 of the Civil Code of the People's Republic of China refers to the para-cavity article.
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 child's daughter, 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.
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Legal analysis: Assuming that the woman is at fault and the man files for divorce, then the husband and wife can choose to divorce by agreement, sign a divorce agreement, and distribute the property according to the content of the divorce agreement; The marital property may also be divided equally in accordance with the relevant provisions of the Civil Code. If the husband files for divorce and the man takes the initiative, the property can be distributed according to the content of the negotiation between the husband and wife; It is also possible to distribute post-marital property in accordance with the relevant content of China's Civil Code.
Legal basis: Civil Code of the People's Republic of China
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 authority.
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 1085:After divorce, where one party directly raises the children, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1087:In the event of 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 the husband or wife in the course of the family land contract shall be protected in accordance with law.
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How to divide the divorce property proposed by the husband should first be divided by the two parties through negotiation, and the division of the joint house between the husband and wife should be carried out in accordance with the following methods when the husband and wife divorce
1. In the event of divorce, the joint property of the husband and wife shall be handled by agreement between the two parties; If an agreement fails, the people's court shall make a judgment on the basis of the specific circumstances of the property and the principle of taking into account the rights and interests of the woman and the children.
2. In principle, the real estate jointly owned by husband and wife should be divided equally, and the specific treatment can also be different according to the actual needs of production and life and the actual needs of property.
3. The house jointly owned by the husband and wife that is not suitable for division and use shall be owned by one party according to the housing situation of both parties and the principle of taking care of the woman or the innocent party.
The party who has been allocated the house shall compensate the other party in the amount equal to half the value of the house. In the case of equal conditions of both parties, the woman shall be taken care of.
4. If the house lived in during the existence of the marital relationship belongs to one party, and the other party requests temporary residence on the grounds that there is no place of residence in the divorce, it can be verified that the temporary residence may be granted according to the needs of the actual situation, but generally not more than 2 years.
5. If the mortgaged commercial house purchased in the name of one party before marriage is repaid with the joint property of the husband and wife after marriage, and the full property right of the house has been obtained at the time of divorce.
1. What are the provisions on the division of property between husband and wife?
1. The party to the commercial housing sales contract signed before marriage is a party to the contract, and the rights and obligations of the contract shall be borne by the party;
2. The down payment in the name of one party before marriage belongs to the personal property of the paying party;
3. The value-added part of the house during the existence of the husband and wife relationship belongs to the husband and wife;
In any of the following circumstances, if the divorce is caused, the innocent party has the right to claim damages.
First, bigamy;
second, if a spouse cohabits with another person;
third, committing domestic violence;
Fourth, abuse and abandonment of family members.
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.
1. If the house is registered in the names of both parties, it can be divided equally. Bi Ming Zheng.
2. After marriage, the bank deposit belongs to the joint property of the husband and wife, and it is divided equally in principle.
3. If the negotiation fails, you can sue for divorce.
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