What are my rights and obligations in divorce and how to divide the property?

According to the provisions of the Marriage Law, the property (including the house) that one of the spouses receives as a gift after marriage is the joint property of the husband and wife, unless it is determined in the gift contract that it belongs only to the husband or wife. The house purchased by the parties is, of course, also part of the joint property of the husband and wife. Debts incurred for the purchase of a house are joint debts of the husband and wife.

For the joint property of the husband and wife, it shall first be disposed of by agreement between the two parties; When an 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, and in practice it is generally divided equally. The joint debts of the husband and wife shall also be borne jointly.

With regard to child support, children under the age of two years should generally be raised by their mothers. The parent who does not support the child shall bear the child's maintenance expenses at a rate of 20-30% of the income.

The property transferred by the husband's family to the husband is the property of the husband who is a separate gift (unless there is a gift agreement stating that the husband and wife are jointly owned), and it is the exclusive property of the husband and does not need to be divided with the woman.

The other property belongs to the joint property of the husband and wife, and the joint debt of the husband and wife is 170,000.

Therefore, as a result of the division of property, the value of the property minus the remaining part of the 170,000 joint debts is divided equally. The exact person who owns the property and pays the debts and pays the other party's cash can certainly be negotiated in detail.

Both parties can apply for custody of the child, and if the two parties disagree, the judge will also listen to the child, and if this cannot be resolved, the woman has the advantage. Of course, it's better to be able to negotiate.

First of all, the scope of the joint property of the husband and wife should be clarified, and then at the time of divorce, the division of the joint property should first be handled by both parties through consultation, and if the negotiation fails, the people's court shall make a judgment according to 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.

In addition, if one of the spouses has more obligations due to raising children, taking care of the elderly, assisting the other spouse in work, etc., he or she has the right to claim compensation from the other spouse at the time of divorce.

Finally, in the event of a divorce, the joint debts of the spouses should 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.

Legal basis: Article 1062 of the Civil Code 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.

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.

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, and so forth, 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 is not reached, 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.

Note: The Civil Code will come into force on January 1, 2021.

The ways to divide property in divorce are as follows: 1. Divide by agreement; 2. Judgment division. In general, divorce property is divided equally between the man and the woman.

If the parties have a property agreement before marriage, it can be handled in accordance with the agreement. If the agreement between the two parties fails, the court shall make a judgment according to the specific circumstances and in accordance with the principles 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 agreement between the two 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 the husband or wife in the contracting and operation of land in the event of a violent defeat in the family shall be protected in accordance with law.

Divorce property division involves these tax issues:

1. Business tax, divorce property division is exempt from business tax;

2. Deed tax, divorce house transfer is not subject to deed tax;

3. Individual income tax, the division of property between husband and wife does not need to pay individual income tax.

[Legal basis].Article 2 of the Individual Income Tax Law.

The following personal income shall be subject to the hidden tax of the individual's troubles:

1) Income from wages and salaries;

2) Income from remuneration for labor services;

3) Income from author's remuneration;

4) Income from royalties;

5) Business income;

6) Income from interest, dividends and bonuses;

7) Income from property lease;

8) Income from the transfer of property;

9) Incidental gains.

Resident individuals who obtain the income from items 1 to 4 of the preceding paragraph (hereinafter referred to as "comprehensive income") shall calculate individual income tax on a consolidated basis according to the tax year; For non-resident individuals who obtain the income in items 1 to 4 of the preceding paragraph, the individual income tax shall be calculated on a monthly or sub-itemized basis. Taxpayers who obtain the income from items 5 to 9 of the preceding paragraph shall calculate individual income tax separately in accordance with the provisions of this Law.