In our country, when two couples divorce, how to divide the property?

First of all, a distinction should be made between "property jointly owned by the husband and wife" and "property owned by one of the spouses". Property owned by one of the spouses shall belong to one of the spouses, and only property jointly owned by the spouses may be distributed in the event of divorce. According to the provisions of the Marriage Law of the People's Republic of China, the property acquired by husband and wife during the existence of the marital relationship is as follows:

salaries, bonuses; income from production and operation; proceeds from intellectual property rights; Property acquired by inheritance or gift (except for property determined in a will or contract of gift to belong only to one of the spouses) is the joint property of the husband and wife. Except in the following circumstances, such as: one party's premarital property; Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury; Property that is determined in a will or gift contract to belong to only one of the husband or wife; Daily necessities for the exclusive use of one party shall be the property of one of the spouses.

The Marriage Act stipulates that in the event of divorce, the joint property of the spouses shall be disposed of by mutual agreement. The spouses may, on the premise of reaching an agreement, divide all their property according to the mutual wishes of the spouses. If the parties cannot reach a consensus on the distribution of the property, the people's court may make a judgment on the distribution of the property based on the actual situation of the joint property of the husband and wife and in accordance with the principle of taking care of the rights and interests of the children and the woman.

Although the husband and wife have agreed in writing that the property acquired during the marriage relationship shall belong to each other, but one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. Debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

Where, at the time of divorce, 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, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a smaller share or no share when dividing the joint property of the husband and wife. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Legal analysis: 1. Negotiation and processing. In the event of divorce, both men and women have the right to decide on the ownership of their property in accordance with their wishes. The parties may agree that the joint property shall be owned by one of the parties, or that the parties shall divide it according to a certain proportion.

2. The people's court shall make a judgment in accordance with relevant principles. If the man and woman fail to reach an agreement through negotiation, the people's court shall make a judgment in accordance with the principle of "taking care of the children and the rights and interests of the woman" on the basis of the specific circumstances of the property.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the destruction of the joint property of the husband and wife shall be handled by agreement of both parties; 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.

In the event of a divorce, the methods for dividing the joint property are: 1. Negotiation. In the event of divorce, the man and the woman have the right to decide on the ownership of the property according to the wishes of both parties.

The parties may agree that the joint property shall be owned by one of the suspects, or that the parties shall divide it according to a certain proportion. 2. The people's court shall make a judgment in accordance with relevant principles. If the man and woman fail to reach an agreement through negotiation, the people's court shall make a judgment in accordance with the principle of "taking care of the children and the rights and interests of the woman" on the basis of the specific circumstances of the property.

It can be seen from this that when a man and a woman divorce, the division of joint property should first be resolved by the man and woman through negotiation in accordance with the principle of autonomy of will. If negotiation is not possible, the people's court shall make a judgment in accordance with the relevant principles.

Legal basis

Article 1065 of the Civil Code provides that a man and a 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. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on the parties to the fight. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

1.Protocol Assignment. Negotiations are first conducted for the distribution of property, and for voluntary divorce, a written divorce agreement is signed, and the divorce agreement specifies the distribution of property.

2.If the agreement fails, a lawsuit may be filed in the people's court. The court makes a judgment based on comprehensive consideration of the specific circumstances of the property.

Article 1076 of the Civil Code of the People's Republic of China provides that where a 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 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement 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 the children, the woman, and the party who has no fault with the property.

The rights and interests enjoyed by the husband or wife in the family land contracting and operation shall be protected in accordance with law.

In view of the situation that some spouses buy a car and a house for Xiao S, how to distribute the divorce and financial draft of the husband and wife? In this case, the spouse has every right to demand the return.

Husband and wife are separated from the hole, and the marriage is bent and the property is distributed.