Generally, when a husband and wife divorce, how to divide the property, what does the property refer

Nanjing professional marriage lawyer Xu Naiyi will answer for you:

In the case of divorce, the property belonging to the joint property of the husband and wife shall be divided equally, and the divorce shall be owned by the individual.

The so-called joint property of husband and wife refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife, which is regulated by the Marriage Law of the People's Republic of China. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife. Husbands and wives have equal rights to dispose of jointly owned property.

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.

Hello,

1.In the event of divorce, the disposition of marital property can be divided into two aspects:

(1) Disposal of the property unique to one of the husband and wife: The property unique to one of the husband and wife shall be owned by the individual.

(2) Disposal of the joint property of the husband and wife: The joint property of the husband and wife shall be disposed of by agreement between the two parties, and the agreement reached by the parties on the division of property due to divorce shall be legally binding on both men and women. 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.

2.The following property acquired by the husband and wife during the marriage shall be jointly owned by the husband and wife:

(1) Wages and bonuses specifically refer to all recipients obtained from labor services by state organs, enterprises and institutions, social organizations and others. Wages and bonuses should be broadened to include not only fixed wage recipients, but also other incentives and in-kind recipients of irregular and fixed amounts, as well as all other labor recipients.

(2) Income from production and operation. In real life, if one of the spouses engages in personal business and production activities after marriage, regardless of whether the other party participates or not, the income obtained by the husband and wife is the joint property of the husband and wife. Even if the investment of personal property before marriage, the income after marriage belongs to the joint property of the husband and wife, of course, the nature of the principal does not change due to production, operation and investment behavior.

(3) The income from intellectual property rights specifically refers to the property income actually obtained or can be obtained during the existence of the marital relationship. Intellectual property rights that have not been acquired or can be obtained at the time of termination of marriage shall belong to the rights holder.

(4) Property acquired by inheritance or gift, except for property that is determined in the will or gift contract to belong only to one of the husband or wife.

(5) Other property that shall be jointly owned by both husband and wife. Specifically, it includes: the income obtained by one party from the investment of personal property; Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women; Pension insurance premiums and bankruptcy resettlement compensation that both men and women actually obtain or should obtain.

Note that "income" refers to the income of property rights and does not require physical possession of the property, if one party acquires a property before the marriage, such as the payment for goods, but does not actually acquire it, and receives it after the marriage, it is not joint property. If a claim is acquired during the marriage, the debtor has not paid the debt at the time of divorce, but the claim is also part of the joint property of the husband and wife.

Pre-marital property is owned by the individual and cannot be divided.

In principle, the joint property of the husband and wife shall be divided equally, unless there is an agreement. In accordance with the provisions of the Marriage Law and the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts, combined with judicial practice, the people's courts shall follow the following principles when hearing divorce cases and dividing the joint property of husband and wife: 1. The principle of equality between men and women.

2. The principle of taking care of the interests of children and the woman. The legal property of minors cannot be included in the joint property of the husband and wife for division. 3. The principle of conducive to life and convenient life.

4. The principle of non-abuse of rights. When dividing the joint property of the husband and wife in a divorce, the property belonging to the state, the collective, or others must not be divided as the joint property of the husband and wife, and the lawful interests of others must not be harmed in the name of dividing the joint property of the husband and wife. 5. Where property owned by one of the spouses is consumed, damaged, or lost during common life, the other spouse shall not compensate for it.

Community property includes more than just a house.

Article 17 of the Marriage Law stipulates the scope of property that should be jointly owned by the husband and wife during the existence of the marital relationship, that is, 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) Income from production and operation.

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 income obtained by one party from the investment of personal property; Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women; Pension insurance and bankruptcy settlement compensation actually obtained or should be obtained by both men and women.

1. According to the relevant provisions of the Marriage Law, husband and wife may agree that the property acquired during the marriage and the property acquired before the marriage shall be owned separately or jointly or partly separately and partly jointly, and the agreed time may be before the marriage, or during the marriage or during the existence of the marital relationship after the marriage.

The agreement shall be in writing.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties. 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

2. Where there is no agreement between the husband and wife on property or the agreement is not clear, according to the law, the property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife, including:

1) Salary and bonus;

(2) Income from production and operation.

3) income from intellectual property rights;

4) Property acquired by inheritance or gift, except for property that is agreed in the will or gift contract to belong to only one of the husband or wife;

5) Other property that should belong to one party.

In the following circumstances, it shall be 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 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.

3. According to 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.

In the absence of a property agreement, the division of the divorce is the joint property of the husband and wife, including: 1. wages and bonuses, (2) income from production and operation, 3) income from intellectual property rights, (4) property obtained from inheritance or gift, and (5) others.

In other words, not only houses, but also savings and other property can be divided as joint property of the husband and wife as long as they are acquired during the existence of the marital relationship, except for the property that belongs to one party according to the law.

Hello, generally speaking, property is to be distributed equally, including various forms of income during the existence of the husband and wife relationship, houses, salaries, other investments, etc., are counted.

Legal analysis: The main division of the property between husband and wife in divorce is the joint property of the husband and wife, including wages, bonuses, remuneration for labor services, income from production, operation, investment, and income from intellectual property rights.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife

Salary, bonus, and labor remuneration;

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.

Legal analysis: divorce property is not necessarily divided in half, according to the specific circumstances of the divorce and the degree of fault, the property obtained by both parties is not equal, that is, it is not necessarily divided equally, but according to the relevant provisions of the new marriage law, the marital property is subject to the joint property system, in other words, during the marriage, your property is mine, and my property is also yours, so the general principle of dealing with the joint property of husband and wife is to divide it equally.

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 remaining 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) Destroying the bridge 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.

How to distribute the property of the husband and wife in divorce, generally speaking, there is an agreement, from the agreement, if there is no agreement, according to the principle of division of the joint property of the husband and wife, the division is as follows:

1.First, in the event of divorce, the joint property of the husband and wife shall be disposed of by both parties through negotiation;

2.Second, when dividing property in divorce, the principle of "equality between men and women" should be followed, and women should not be discriminated against, and women should not be considered to have earned less and should share less. When dividing the joint property of the husband and wife in divorce, the rights of women shall be respected and protected;

3.Third, if the negotiation fails, 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;

4.Fourth, 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.

According to Article 1087 of the Civil Code, in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties, and if no agreement is reached, the people's court shall make a judgment in accordance with the specific circumstances of the property in accordance with the principle of taking care of the rights and interests of the children, the wife and the innocent party.

If you can prove that the down payment is made by your parents, the first part will of course belong to you. As for the 150,000, it should be divided equally between each person. If you can't show proof that the down payment is your parents, you may have to split it evenly.

If your boyfriend is a particular person who takes the down payment to tell the truth, this problem will be solved.

If you're going to get a divorce. It is best to negotiate a settlement. Take out the money from your parents first, and then divide the part between you, if you can't negotiate, you can only go through the legal process.

As you mentioned, the parties negotiate and divide the property equally according to the joint property of the husband and wife. Because the house is not delivered, you can choose to get the money or the house is owned by one party, and the other party compensates the other party. Borrowing money from parents should be recognized as borrowing, and the expenses in the housing payment should be repaid.