Who owns the divorce property? Who should the divorce property belong to

First, the house belongs to the parents and cannot be divided in the event of divorce.

Second, the renovation has become a part of the property and cannot be removed. However, the acquired items are joint property.

3. The joint property during the relationship between husband and wife shall be divided equally.

Fourth, the child is raised by the mother, and the father is responsible for maintenance until the child is 18 years old or has the ability to live independently.

Fifth, child support is between 20-30% of the gross salary.

Article 17 of the Marriage Law The following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Because the house belongs to the parents, and the parents do not explicitly say that they want to give it to their son and daughter-in-law, then even if they divorce, they will not divide this part of the property.

Only subordinate property that occurred during the existence of the marital relationship can be divided.

To whom the daughter pays child support to the other party.

If the house belongs to the parents, it is not considered marital property, but compensation should be given for renovation.

If the daughter is raised by the wife, and the divorce is not good for the family because the husband is not doing well, the interests of the woman should be given more consideration in the division of joint property, and the husband should pay maintenance when the daughter is a minor.

For more information, please refer to the Marriage Act.

1. When the husband and wife divorce, the joint property of the husband and wife can be negotiated and divided according to the wishes of both parties, and the court will not interfere, if the negotiation between the two parties fails or is invalid, the court will make a judgment in accordance with the principle of taking care of the children, the rights and interests of the woman and the innocent party.

2. The joint property of husband and wife includes wages and bonuses, income from production and operation, income from intellectual property rights, property obtained from inheritance or donation, etc., and the property acquired by husband and wife during the existence of the marital relationship can be divided equally if it is jointly owned by the husband and wife.

3. If the husband and wife have signed a prenuptial property agreement before marriage, they can be executed in accordance with the agreement, and if there is no premarital property agreement, the agreement shall be made after the divorce, and the two parties may request the court for mediation if there is a dispute over the property agreement.

Article 17 of the Marriage Act.

The following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; 2) the income from production and operation; 3) income from intellectual property rights; 4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned.

The property after marriage belongs to the joint property of the husband and wife, if the property is divided, the husband and wife are jointly divided into equal property, but you can also negotiate the divorce, as long as the two people can negotiate the property to one person, you can divorce under the conditions that you reach an agreement, if there is no agreement, your property is joint property, and the two people can divide the property after marriage equally.

If two people divorce by agreement, then the property issue, the two people discuss with each other, maybe some more, some less, as long as the two people negotiate calmly

Regarding the issue of divorced property, the division of divorced property is only the division of the joint property of the husband and wife, of course, you can also negotiate and settle it.

It should be inherited by the heirs, and it is inherited in accordance with the inheritance law.

Who should the divorce property belong toIt should be shared equally between the husband and wife.

Legal Analysis: Division of Property after Divorce: In a divorce by agreement, the division of property is decided by agreement between the two parties, and if the two parties cannot reach an agreement through negotiation, they can sue to resolve the dispute.

The 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 child, the woman and the innocent party.

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 the husband or the wife of the party in the contracting and operation of family land shall be protected in accordance with law.

The property acquired during the divorce is jointly owned by the husband and wife. According to the relevant laws and regulations, if a man and a woman file for divorce, the marriage relationship between the two parties is still legal and valid without a judgment of the people's court in accordance with law, so the property acquired during the litigation period shall be recognized as the joint property of the husband and wife.

[Legal basis].Article 1062 of the Civil Code of the People's Republic of China.

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) the income of 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.

Generally, pre-marital property is personal property. At the time of the divorce, they still belong to the individual, and do not participate in the division of property at the time of divorce. The property acquired during the conjugal relationship is the joint property of the husband and wife, and both parties have equal rights to dispose of it.

Article 1063 of the Civil Code of the People's Republic of China, which came into effect in 2021, states that the property listed in the Tanza register is the personal property of one of the spouses: (1) the pre-marital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) The property determined in the will or gift contract to belong only to the party that is transferred to Jihong; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.

Provisions on the ownership of property under the name of divorce: The husband and wife shall have priority over who owns the joint property, according to the agreement of the husband and wife. If there is an agreement, the divorce shall be handled in accordance with the agreement between the parties, which may be an oral agreement or a written agreement, and the oral agreement must be handled according to the oral agreement only if there is no dispute between the parties.

The division of joint property between the parties does not circumvent the law. If there is no agreement, the property shall be disposed of in accordance with the law. If there is a dispute, you can sue the court to decide to divide the 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 rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 1088.

Where one of the spouses bears more obligations due to 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 give compensation. The specific measures shall be agreed upon by both parties; If the agreement does not accept the cherry blossoms, the people's court shall make a judgment.

Article 1089.

In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

When a husband and wife are divorced, the criteria for judging the ownership of the property owner are as follows:

1. The property that has obtained the property right certificate before marriage.

The title of the house should belong to one party. Even if part of the purchase price is paid out of joint property after marriage, only in this case the other party is entitled to claim a division or compensation for this part of the purchase price.

2. Real estate that has not yet obtained the property ownership certificate.

If one party purchases the house before marriage and the payment is paid in full, but the property right certificate has not been completed, it is generally determined that it is the property of one party.

Legal Slippage Basis].

According to Article 39 of the Marriage Law 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 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.

This question is a bit too big, the property after the divorce is: if it is pre-marital property, it is still owned by the owner of the pre-marital property; In the case of marital property, if it is the joint property of the husband and wife, it is divided according to the joint property, and most of them are half of one person, and sometimes whether there is a transfer of property and taking care of the woman. If one of the spouses conceals property at the time of divorce, he or she may also request a redivision of the marital property after the divorce.

Hello, for your problem, the lawyer provides the following legal advice, I hope it will be helpful to you:

China's Marriage Law clearly stipulates the basic principles for dividing the joint property of husband and wife.

Regardless of whether the parties agree on their own or the people's court makes a judgment, the following basic principles must be adhered to when dividing the joint property of the husband and wife:

(a) The principle of equality between men and women. The right of the husband and wife to divide the joint property and the obligation to repay the joint debts are equal.

b. The principle of protecting the legitimate rights and interests of women and children. That is, when dividing the joint property of the husband and wife, care should be taken to give proper care to the minor children and the wife.

c. Take care of the principle of the innocent party. In divorce cases arising from bigamy, adultery, abuse or injury to the spouse and his or her relatives, due consideration shall be given to the innocent spouse in the division of the joint property of the husband and wife. Of course, the basic livelihood of the party at fault should also be guaranteed.

d. The principle of respecting the wishes of the parties. When dividing the joint property of husband and wife, the wishes of both spouses shall be respected, but the wishes of both parties must be genuine and lawful. When one party is willing to give up all or part of its property rights, it shall be allowed as long as it does not endanger the lawful rights and interests of the state, the collective, society and others.

e. The principle of conducive to production and convenient life. When dividing the joint property of the husband and wife, attention should be paid to the use value of the property, and it should be able to give full play to its utility after the division.

Whoever owns the property before marriage, and half of the property after marriage.

Pre-marital property is owned by the individual, and post-marital property is considered as joint property of the husband and wife (unless there is a special agreement).

Into the redundant, the folk name is only.

In accordance with the relevant legal provisions, all property during the marriage is jointly owned by the spouses.

Except for justice.

The property before the marriage shall be owned by each individual, and the property after the marriage shall be half by each person.