May I ask the teachers, is this money considered as the joint property of the husband and wife, and

Hello, according to Article 18 of the Marriage Law, if there is one of the following circumstances, it is the property of one of the husband and wife: the premarital property of one party; 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 one party; Other property that should belong to one party.

Therefore, the accident compensation is not part of the joint property of the husband and wife.

The villager believes that the "compensation" should not be counted as "joint property of the husband and wife", but is given to the injured and paid to the injured themselves. If a husband does not fulfill his duty of care when his wife is injured, but divorces his wife because of her injury, what kind of face does the husband have to ask for "compensation" again? However, if the wife is willing to give, no one else has the right to interfere.

See: Marriage Law of the People's Republic of China: Article 18 stipulates the scope of property that should be the property of one of the husband and wife.

That is, in any of the following circumstances, it is the property of one of the husband and wife: (1) the premarital property of one party; (2) Medical expenses, living allowances for the disabled, and other expenses received by one party due to 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 one party; (5) Other property that shall belong to one party.

If your husband did not fulfill his responsibilities as a husband during your friend's injury, the law should consider that the money will not be distributed to the husband. This is just my perspective, you better consult a lawyer, I hope it will be useful to you!

Legal analysis: In principle, the joint property of divorced husband and wife is divided equally, and the specific treatment can also be different according to the actual needs of production and life and the actual situation of property. Article 1087 of the Civil Code provides:

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.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both 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 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne 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.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

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 not only dissolves the personal relationship between husband and wife, but also terminates the property relationship between husband and wife, and naturally raises the issue of the identification and division of marital property.

According to our law, there are two main forms of division of marital property:

1) Division of the agreed property.

In the case of divorce, the division of the joint property of the husband and wife shall first be seen whether the parties have agreed on the property, and if the husband and wife agree in writing or orally on who owns the property, and there is no dispute between the two parties, and the content is legal and valid, it shall be handled according to the agreement.

However, the agreement to circumvent the law is invalid.

The conditions for the legality and validity of the property agreement are:

The subject of the agreement must be legitimate.

The subject of the agreement can only be the husband and wife.

When agreed, both parties must be persons with full capacity for civil liability.

The will of both parties is expressed to be legal.

The will of both parties shall be genuine and voluntary, and neither party shall use deception, threats, coercion or other means, nor shall the agreement be established that is obviously unfair.

The content of the agreement must be legal.

The content of the agreement must conform to the law and social public morality, and must not harm the interests of the state, the collective, and others.

Any agreement that evades the legal obligations of husband and wife, parents and children is invalid.

The form of the agreement must be legal.

The agreement shall be made in writing, and the oral agreement shall be valid if recognized by both parties.

Only agreements that meet the above conditions can be handled according to the agreement.

2) Division of legal common property.

Where there is no agreement between the husband and wife, or there is an agreement but there is a dispute between the two parties or the content of the agreement is unlawful, it is to be handled in accordance with the legally prescribed method of division, that is, the personal property belongs to the individual, and the joint property of the husband and wife is divided equally under the principle of taking care of the rights and interests of women and children.

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.

Article 17 of the Marriage Law clearly stipulates the joint property of the husband and wife during the existence of the relationship, and states that "the husband and wife shall have equal rights to dispose of the jointly owned property. ”

Husband and wife have equal rights to dispose of jointly owned property" includes the following two aspects:

1. During the existence of the relationship between husband and wife, as long as it is the joint property of the husband and wife, regardless of the size of its contribution to the income of the property, both husband and wife have equal rights to possess, use, benefit and dispose of it.

2. 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.

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.

To divide the joint property of husband and wife, both parties should divide the creditor's rights and debts at the same time when they reach an agreement, and the interests of others, the state and the collective shall not be harmed by divorce, which is not only a legal provision, but also a moral requirement, and every citizen should consciously abide by it. Whether the joint property of the husband and wife is divided equally, and when dividing the joint property of the husband and wife in divorce, the rights of women shall be respected and protected. Judgment is based on the principle of taking care of the rights and interests of the child and the woman.