How to divide the divorce between husband and wife without property and a son and daughter

1. After divorce, the children who are breastfeeding shall be raised with their breastfeeding mothers in principle.

2. Children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) The father requires the child to live with him/her;

3) The child is unable to live with the mother due to other reasons.

3. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

4. For children over the age of two years, both the father and the mother request to live with them, and one of the following circumstances may be given priority:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) The child has lived with the child for a long time, and the change of living environment is obviously detrimental to the healthy growth of the child;

3) There are no other children, and the other party has other children;

4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child;

5) The conditions for the father and the mother to raise the child are basically the same, both parties require the child to live with the child, but the child has lived alone with the grandparent for many years, and the grandparent or maternal grandparent requests and has the ability to help the child take care of the grandchild or grandchild, it may be considered as a priority condition for the child to live with the parent or mother;

6) In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should live with the father or mother, the child's opinion shall be taken into account.

What to do if you have a son and no property divorce.

Legal Analysis: The distribution of property in a divorce with a son and a daughter depends on the specific circumstances. If it is the joint property of the parties, it will be divided equally between the parties in the divorce; If it is the personal property of one party, it remains in the possession of one party.

The two parties can also negotiate to deal with it, and if the negotiation fails, they can go to the court to file a lawsuit. For the parent with custody rights, the issue of alimony may be considered when dividing 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.

Legal Analysis: The division of property in divorce is about the division of joint property between husband and wife, and has nothing to do with raising children. The division of property in a divorce is generally negotiated by the husband and wife first, and if the negotiation fails, the court shall divide it equally in accordance with the principle of equality.

The premarital property of one of the spouses shall not be divided and shall remain in his or her personal possession.

Legal basis: Civil Code of the People's Republic of China Article 1062 The following property acquired by husband and wife during the existence of the marital 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 dispose of joint property.

The division of property in divorce is about the division of joint property between husband and wife, and has nothing to do with the maintenance of children. The part of the joint property of the husband and wife is divided by the husband and wife through negotiation, and if the negotiation fails, the court shall make a judgment, and the specific division method is generally divided equally. If it belongs to one party's property, it belongs to whoever owned it before the divorce, and who still owns it after the divorce.

1. What are the conditions for the court to grant a divorce?

The conditions under which the court decrees a divorce are as follows:

1. The relationship between the husband and wife has indeed broken down and the mediation is invalid, which is a condition for the court to decide the divorce;

2. Bigamy or cohabitation with another person with a spouse;

3. Committing domestic violence or abusing or abandoning family members;

4. Those who have bad habits such as gambling and drug abuse that they have repeatedly taught;

5. Separated for two years due to emotional discord;

6. Other circumstances that lead to the breakdown of the relationship between husband and wife;

7. One party is declared missing and the other party files a divorce lawsuit.

The division of property between the spouses after divorce is as follows:

1. The property acquired by one party before marriage, unless otherwise agreed between the husband and wife, belongs to the personal property of one party and the other party has no right to divide it;

2. During the existence of the marriage, the property acquired by the husband and wife is the joint property of the husband and wife, which can be divided by the parties through negotiation.

If no agreement can be reached through negotiation, in principle, the court will divide it equally, but if one party is in difficulty, the court may take care of the party in difficulty and divide the joint property of the husband and wife.

2. How to distribute the real estate in the name of the husband and wife in the name of the real estate certificate.

The division of real estate in the name of the husband and wife in the real estate certificate is as follows: 1. The house with the name of the husband and wife in the real estate certificate shall belong to the joint property of the husband and wife. In the event of a divorce, the spouses may negotiate a division in advance.

2. If the negotiation fails, the court may be applied to divide the matter. 3. After the court accepts the case, it shall divide it according to the interests of the child, the woman, and the innocent party.

3. How to divide premarital property and postmarital property.

Pre-marital propertyThe division of post-marital property is as follows:

1. Premarital property is generally not divided, but if it is the joint property of the husband and wife, it shall be divided by both parties through negotiation.

2. If the negotiation 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 children, women, and the party who is not at fault;

3. If the property after marriage is personal property, it shall not be divided unless otherwise agreed;

4. If it is the joint property of the husband and wife, it shall be divided in accordance with the provisions.

The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.

Civil Code of the People's Republic of China

Article 1087: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.