What is the division of divorce property now?

1. On the conditions for divorce.

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.

2. About child support and child support.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

3. On the division of common property.

The joint property and debts of the husband and wife shall be jointly owned and borne by the husband and wife, and shall generally be half of the person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

4. About the divorce procedure, required documents and fees.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

The gods and horses are all floating clouds, ask if there is a wood in the feelings, and you can't afford to hurt the people who have feelings.

1. If the house is bought or built after marriage, it belongs to the joint property of the husband and wife, and in principle, it is divided equally.

2. If there is evidence that the woman cohabits with another person after marriage, she can claim compensation for moral damages.

3. The debts owed by the woman for gambling are illegal and do not belong to the joint debts of the husband and wife, and should be borne by the woman herself.

The property is the joint property of the husband and wife, and the divorce is generally divided equally. Negotiations failed in the court's decision. See specifically the Marriage Law Interpretations 1 and 2

The house belongs to the man's parents? If the man's parents clearly state that the house is for the man, then the house is owned by the man alone; As for gambling debts, they are not legal debts and the man does not bear them.

The man should not be responsible. After the court pronounces the verdict, the man can make a greater profit.

It shall be handled in accordance with the provisions of the Marriage Law.

First, when the husband and wife divorce, they are through the principle of equality between the husband and wife to negotiate the equal distribution of property, if the two parties reach an agreement, you can go to the relevant departments to go through the divorce procedures, if one party has objections to the distribution of property, so that the court can only divide the joint property of the husband and wife through the court, generally speaking, the court will do mediation work for the husband and wife, and after the mediation is invalid, the property will be divided according to the provisions of the marriage law. So, how will the court divide it? What are the types of personal property in general?

Pre-marital personal property. This is easy to understand, which means that the house and car purchased by the man before the marriage or the woman before the marriage are personal property. The testamentary contract determines the property of one party.

But children are often taken into account, so how to divide property if you have children? Property acquired after marriage is joint propertyIf the divorce is to be divided, take proper care of the woman. Alimony, according to the local standard of livingPayment.

The parent who has custody of the child can demand payment from the other party

With such a high divorce rate now, you must think carefully when you get married and don't hurt your children.

If it is the property of two people before marriage, then it is still owned by individuals, and if it is jointly owned after marriage, or if it is earned together after marriage, it must be distributed in accordance with the law.

After the divorce, the property should be divided equally because both parties have given a lot in this family, so it will be fairer.

If you are not married, you will not leave this statement, and a few days ago you reported to work and jumped off the building with two children, is it good to be single to save your life?

Divorce means that the relationship between two people is over, and if the man has responsibility and has feelings for his former wife, he can also give all the property to his wife; If two people have a quarrel and divorce, and both people hate each other, then it should be implemented in accordance with the provisions of the Marriage Law on divorce property.

Divorce property division before marriage to whom, after marriage is considered joint property divided equally between the two people.

In the case that some spouses buy a car and a house for Xiao S, how to distribute the divorce property of the husband and wife? In such a case, the spouse has every right to claim restitution.

How to distribute the property of the husband and wife in divorce.

What is Divorce Separation? Sometimes it is true that there is a divorce after the separation of property, but most of them still talk about the division of property in the divorce. The property divided in the divorce refers to the joint property of the husband and wife, and the personal property is not disposed of.

You can negotiate a settlement, and if you can't reach a deal, you can go to court to file a lawsuit.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (1) Article 5: Where a man and a woman who have not registered their marriage in accordance with Article 8 of the Marriage Law and live together in the name of husband and wife and sue the people's court for divorce, they shall be treated differently

2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to make up the marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.

Article 9: Where the division of property and child support are involved, mediation may be made. If an agreement is reached through mediation, a separate mediation document shall be drafted. If the party is dissatisfied with the judgment on the division of property and child support, the party concerned may appeal.

If there is no division of joint property between a husband and wife who are not legally married, in principle, the personal property belongs to the individual, and it is recommended to settle it through negotiation.

If the 200,000 yuan you said belong to the joint property of the husband and wife, and are the property obtained or used for living together during the marriage relationship of the husband and wife, and both parties are not at fault at the time of divorce, the property should be divided equally, that is, 200,000 yuan for one person, and if there are other children, the party responsible for raising the children can also ask the other party to pay a certain amount of child support.

Now the Marriage Law no longer recognizes de facto marriages, and the money is in whom's name if it is not registered. It's not the same if there is a contract.

There are two forms of property division in divorce:

First, in the case of divorce by mutual agreement, the husband and wife can negotiate and deal with the division of property and reach an agreement, which shall be subject to the provisions in the divorce agreement reached by both parties.

Second, in the case of litigation divorce, in principle, the joint property of the husband and wife shall be half of the property of one person at the time of divorce, and the personal property shall not be divided.

Article 39 of the Marriage Law In the event 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.

What do you want to do with things outside the body?

At the time of divorce, as long as it belongs to the joint property of the husband and wife, the right to divide the joint property is equal, but this does not mean that it is divided equally, so what should be the basis for the division of the joint property of the husband and wife in the divorce?

1. According to the first paragraph of Article 39 of the Marriage Law, "in the event of divorce, the joint property of the husband and wife shall be disposed of by both parties through consultation", that is to say, the division of property between the husband and wife at the time of divorce shall be carried out by both parties under the principle of consensus, and cannot be decided by one party.

2. In accordance with the principle of "equality between men and women" stipulated in the first paragraph of Article 2 of the Marriage Law, women cannot be discriminated against, and it is believed that women should share less if they earn less, and that women's rights should be respected and protected when dividing the joint property of husband and wife in divorce.

3. If the negotiation fails in accordance with the provisions of paragraph 2 of Article 39 of the Marriage Law, 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 and the woman.

4. The principle of compensation. According to Article 40 of the Marriage Law, "......If one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. "It means that when dividing the marital property in accordance with the law, the party who has paid more obligations may claim compensation from the other party, and the compensation shall be paid from the divided property, and if the divided property is insufficient to pay, it shall be made up from his or her personal property.

5. The principle of taking care of the innocent party. If the relationship between the husband and wife breaks down due to the fault of one party and the divorce is caused, the innocent party has the right to claim compensation for marital damages. Article 46 of the Marriage Law stipulates that "if any of the following circumstances leads to divorce, the innocent party shall have the right to claim damages":

1) bigamy;

2) A person who has a spouse cohabits with another person.

3) committing domestic violence;

4) Abusing or abandoning family members.

How to distribute the property of the husband and wife in divorce.

Net assets 5 5 points; Net assets are obtained by subtracting liabilities from total assets, after which net assets are 5 5 points.

After we got married, my parents' house was lived in by my wife and me, and the decoration was funded by us; I also had a motorcycle before I got married. After we got married, my parents bought us a color TV and a bed, and the rest of the household items such as air conditioners, stereos, and furniture were all added after we got married. During this period, I used my personal salary to invest ** and earn some money, but I did not use my wife's money.

In addition, there is another headache that my wife owes others 20,000 yuan before marriage, but the creditor asks me to pay it back.

Song Xianli, a lawyer at Beijing Jiayou Law Firm, explained: According to relevant laws and regulations, one party's pre-marital property is owned by an individual. It follows that there is no dispute that the motorcycle should be your property.

After marriage, the color TV and bed that your parents bought for your husband and wife, as well as the household items (air conditioners, stereos, furniture) purchased by your husband and wife after marriage, including the income you obtained from the investment of your personal salary during the period, are the joint property of the husband and wife, unless you and your wife have agreed in writing that a property belongs to each other. Husband and wife have equal rights to dispose of joint property, which is not affected by the income status of both parties. In the event of a divorce, the joint property of the husband and wife is disposed of by mutual agreement, and the agreement reached is a civil contract.

If an agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property.

Finally, let's talk about the problem of your wife's debt. You don't have to worry about this, the relevant law clearly stipulates: "During the existence of the marital relationship, if the creditor claims rights against the debtor's spouse for personal debts owed by one party before marriage, the people's court will not support it." ”

The following issues need to be paid attention to when dividing property:

1.At the time of divorce, if one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, may receive a small or no share; 2.The principle of taking care of the rights and interests of the children and the woman should also be taken into account when dividing the joint property of the husband and wife; 3.

In the event of a divorce, if one party is in financial difficulty, the other party should provide appropriate assistance from his or her personal property, such as housing; 4.In addition to this, consider the factors that lead to the divorce.

1. The house and car should be clearly distinguished between the income before marriage and after marriage. The pre-marital income is personal property and the woman has no right to claim a division.

2. If it is obtained after marriage, the payment of the parents depends on whether the parents give it to him or borrow it from him. If it is a loan, it is a joint debt of the husband and wife, and the husband and wife should repay it jointly while dividing the car and the house. If it is a gift, it depends on whether the parents have designated him to give it to one person, and if not, it belongs to the property acquired after marriage and is divided as the joint property of the husband and wife.

4. The child support shall be decided by the court with reference to the per capita consumption expenditure of your local urban residents or the per capita annual living expenditure of rural residents (in principle, one person shall bear half of it). In addition, after the divorce, the parent who is raising the child can also sue for an increase.