Do the divorced children have property, and can the divorced property be given to the children

Article 36: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Article 37: After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

Article 38: After divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist.

The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.

Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the right to visit in accordance with law; When the reason for the suspension disappears, the right to visit shall be restored.

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.

Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Yes, consult a lawyer.

Divorce property cannot be given to children. Because divorce property is divided into personal property and joint property of the husband and wife. In the event of a divorce, only the joint property of the husband and wife will be divided.

The joint property of husband and wife refers to the property jointly created by the husband and wife through legal means during the existence of the marital relationship. The children were not involved in the creation process, so the joint property of the husband and wife had nothing to do with the children. In the case of divorce and division of property, children cannot be given.

1. How to divide the savings in divorce.

a) Look at the ** of the funds.

Community property should be excluded even if it is evidenced by evidence of the following:

1. Funds temporarily deposited in the name of one or both spouses due to work needs;

2. Funds temporarily deposited into the account when one of the husband and wife transfers money for others or manages money on behalf of others;

3. The funds obtained from the transfer of property before marriage by one of the husband and wife are deposited after marriage.

2) Look at the details of the capital flow transaction.

When the judge is dealing with the deposit in the name of the husband and wife. Generally speaking, the balance shall prevail, and your application for the court to investigate the bank deposit of the other party will generally only check the balance, unless you explicitly apply to the court to obtain the transaction details of the other party's bank account. If it can be clearly proved from the details that the other party has obviously transferred funds, the court can determine the amount of the joint deposit of the husband and wife according to the actual situation, and not just stick to the account balance.

2. What should be paid attention to in the division of joint property between husband and wife in divorce.

1) Where the husband and wife have a written agreement on the ownership of property, or there is an oral agreement, and there is no dispute between the two parties, the divorce shall be handled in accordance with the relevant agreement, but the agreement that circumvents the law and harms the interests of the state, the collective, or others is invalid.

2) After the husband and wife separate, the property that is managed, used, and acquired separately is still the joint property of the husband and wife, and may be owned separately at the time of divorce, but where the difference is huge, the party who has received the most property shall make up for it.

3) Trolls who claim to be the personal property of one party bear the burden of proof, and if they cannot prove it, they can only be disposed of as the joint property of the husband and wife.

4) In principle, the joint property of husband and wife shall be divided equally, but it may be distributed unevenly due to the fault of one party or other reasons.

5) The agreement between the husband and wife on the division of property shall take effect after the divorce and shall only be binding on the husband and wife, and shall not be used against a third party by agreement, if it cannot be used against the third party's creditor's rights.

6) Where one party has the act of concealing or transferring the joint property of the husband and wife at the time of divorce, the people's court may divide it less or not at the time of the judgment, but where the personal property is mistakenly concealed or transferred as the joint property of the husband and wife, it does not affect the division of the joint property of the husband and wife.

7) At the time of divorce, where the joint property of the husband and wife has not been separated from the joint family property, and one party requests the division of the family and property, the divorce case and the property issues that have already been ascertained may be handled first, and the parties may be informed to handle the division of property that is difficult to ascertain for the time being, and the trial of the divorce case will not be affected.

Legal analysis: Divorced children of husband and wife generally come to Chunyuan Hall to say that there is no split property, pre-marital property belongs to the individual, and post-marital property belongs to the husband and wife jointly owned; It is the right of both husband and wife to divide the joint property of the husband and wife, and both parties have equal rights to dispose of it, and the children do not have the right to divide the property.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China 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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Divorce property has nothing to do with the children. Divorce is a legal act for both men and women who have a legal marital relationship to dissolve their marital relationship, and it is necessary to divide the joint property and share the joint debts at the time of divorce. In general, divorce property involves only the spouses and does not involve any other third person, even the children. In other words, children do not automatically receive a share of the property because of the divorce of their parents.

[Legal basis].

Article 1087 of the Civil Code of the People's Republic of China 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 husbands or wives in the contracting and operation of family land shall be protected in accordance with law.

Legal analysis: At the time of divorce, the children do not have the right to participate in the division of the joint property of the husband and wife, and no one except the husband and wife has the right to participate in the division of the joint property. The joint property of husband and wife refers to the property obtained during the existence of the marriage relationship in Zhongqiaoye, which is the joint property of the husband and wife as stipulated in the Civil Code of the People's Republic of China, and is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China 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 husband's or wife's rights and interests in family land contracting and management shall be protected in accordance with law.

If it is a joint property, then there is none. The husband and wife are the owners of the joint property of the husband and wife, and the children do not have the right to the property. Since the child does not have ownership of the property, he or she cannot have the right to divide the joint property of the husband and wife.

But if it's a family property, then you can have.

[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) 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 deal with the same property. litigation and other means of settlement.

Article 1087 of the Civil Code.

In the event of a 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 Law Rubber Prefecture 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.