In a divorce case, can the woman ask for the division of the husband s savings from three years ago?

If the man and the woman were married three years ago, the husband's savings three years ago shall be recognized as the joint property of the husband and wife, and the woman has the right to demand division in the event of divorce; If the parties were not married three years ago, the husband's savings belong to the property of the husband and the woman is not entitled to a division in the event of divorce.

According to the Marriage Law of the People's Republic of China:

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

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.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is 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 as a result of 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 the exclusive use of one side;

5) Other property that shall belong to one side.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 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 binding on both parties.

Article 39: At the time 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.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

It depends on whether it is before or after marriage, and it also depends on whether the savings are indivisible property that is not part of the marriage.

The following personal property is not considered as part of the division of property in the event of divorce:

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II).

Article 13: "The insurance money, disability allowance, and medical living allowance of military personnel belong to personal property. ”

After marriage, the following property can be divided in the event of divorce:

Article 17 of the Marriage Law The following property acquired by a husband and wife during the existence of a marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; 2) the income from production and operation; 3) income from intellectual property rights; 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.

Another important point is that the division of property in the event of divorce is subject to the agreement.

The property during the existence of the marital relationship belongs to the joint property of the husband and wife, and the joint property of the husband and wife shall, in principle, be divided equally when the parties divorce. The husband's property three years ago depends on the period in which it was made, and if it is deposited three years before the marriage between the parties, it belongs to the man's personal pre-marital property, and the woman has no right to claim division. If the property is held during the marriage, even if it is in the husband's account, it is the joint property of the husband and wife, and the woman has the right to claim a division.

When the husband and wife were considering divorce, the chengguan was in the woman's name at the time of the divorce, and the savings should be reasonably distributed. When the husband and wife divide the savings in the woman's name, the husband should provide evidence to prove that he has paid the woman every month, and through such proof, the property of the two people can be divided equally. In life, you will see that some couples are willing to hand over their wages to their wives for safekeeping after they get married, because their wives have stronger financial management skills.

The financial mind is more shrewd than the husband, and he handed over all the savings to the woman and let the woman distribute them reasonably. <>

When a couple is considering a divorce, most people will not have a dispute over money. The man should be aware that since the deposit is in the woman's name, both of them should have the right to use it. Even after the divorce, the money should be divided evenly according to the income of the two people.

If the woman takes on the responsibility of taking care of the children after the divorce, as the man, she should leave more of this savings to the woman. <>

The woman assumes custody of the child, and if the woman takes on the problem of raising the child at the time of divorce, it should be taken into account that all aspects of the child's school and education need to be spent when distributing the savings. The man should be generous and leave more money to the woman, so that as a man he has a better ability to work and can continue to make money. Once the woman raises the child, it is more difficult to take care of the child while working.

Leaving more money for the woman is also to give the child a stable guarantee. <>

Husband and wife divide propertyWhen the husband and wife are faced with the situation that there is no way to reasonably distribute the joint property, they can choose to take the legal route. Through the court's judgment that the two people should divide the property reasonably, the husband and wife should realize that when the two people divide the property, they should not quarrel over money. After all, between two people, they have to think of a hundred days of grace as a husband and wife, even if two people can't live together, two people still have a kindness.

If the woman's savings were obtained jointly by the two of you after the marriage, then the joint property of the two spouses should be divided equally in the event of divorce. If the savings include the woman's pre-marital property, the amount will be removed from the division.

Article 1062 of the Civil Code stipulates that the following property acquired by a husband and wife during the existence of a 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 163 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Article 1063 of the Civil Code stipulates that the following property is the personal property of one of the spouses: (1) the premarital property of one of the spouses; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side. Article 1087 of the Civil Code stipulates that 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.

Therefore, if there is a deposit in the woman's name, it is possible to claim a split, and in the best case it is half of one person, but it is also necessary to consider whether it includes the woman's pre-marital property and the principle of taking care of the woman. In addition, the division of the joint property of the husband and wife at the time of divorce also depends on whether one of the spouses has hidden, transferred, sold, damaged or squandered the joint property of the husband and wife. It is recommended that you check the deposit in the woman's name in time and claim for division.

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Questions. Married for two and a half years, cohabited for two and a half years, give the woman a bride price, 150,000 yuan, do you need to return it for divorce.

Article 5 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section: Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the following circumstances apply: (1) the parties have not gone through the marriage registration formalities; (2) The parties have gone through the marriage registration formalities but do not live together; (3) Premarital payments that cause hardship to the payor. The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

Questions. The woman has a deposit for starting a business, which is all in the woman's name, and the divorce is personal property or joint property of the husband and wife.

In the absence of any of the above three cases, the bride price is non-refundable.

If the business is started during the marriage, the savings are part of the joint property.

Questions. The mortgaged house bought by the husband before marriage, written in the man's name, belongs to personal property or joint property of the husband and wife.

Do you pay off the mortgage together?

Questions. The woman has been in business for five years and has been married for two and a half years, and the savings are all in the woman's name, which is personal property or joint property of the husband and wife.

If the mortgage is repaid together, the part of the mortgage belongs to the joint property of the husband and wife.

All income earned during the marriage is the joint property of the husband and wife.

Questions. The car bought after marriage and the woman's name written on it belong to the joint property of the husband and wife or the woman's personal property.

Joint property. Questions.

Whether the woman's premarital savings are personal property or joint property of the husband and wife.

Pre-marital savings are personal property.

At the time of divorce, the deposit is in the name of either party, and the deposit will be divided jointly, and it has nothing to do with whose name it is, and it does not affect the division, as long as it is divorced, it will be divided equally.

will be divided correctly, although it is said to be in the woman's name, but the two are now married, and it is the joint property of the husband and wife, so one person is half.

At this time, it will be judged according to the income capacity of the two people, as well as the flow of the deposit, and it will also be judged according to the content of the divorce agreement of the two people.

If there is no recovery, it may be advisable to sue for divorce, and the non-at-fault party can divide more of the property when the property is divided. "Children under the age of two generally live with their mothers". The mother may also live with the father if she has one of the following circumstances:

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. In addition, if both parents agree that a child under the age of two years will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted. For children who are minors over the age of two years, both the father and the mother request to live with them, and one of the parties may be given priority if they have any of the following circumstances:

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 changing the 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, and both parties require the child to live with the child, but if the child has lived alone with the grandparents for many years, and the grandparents have the first request and have the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the father or mother. If the child is a minor who has reached the age of 10 and there is a dispute between the parents about the daughter living with the father or the mother, the child's opinion shall be taken into account in accordance with the provisions of Article 5 of the above opinion.

After the divorce, it is possible to divide the deposits. If the deposit is hidden by one of the parties, it is discovered after the divorce. Or if the savings are not distributed at the time of divorce, you can also file a lawsuit with the court to request a re-division after the divorce.

The court shall accept it. According to the second paragraph of Article 1092 of the Civil Code, which came into effect on January 1, 2021, after the divorce, if the other party discovers the above-mentioned acts, he or she may file a lawsuit with the people's court to request the division of the joint property of the husband and wife again. Where, after the divorce, one party files a lawsuit with the people's court requesting division on the grounds that there is still "joint property of the husband and wife" that has not been disposed of, upon examination, the property is indeed the joint property of the husband and wife that was not involved at the time of the divorce, and the people's court shall divide it in accordance with law.

Article 1092, Paragraph 2 of the Civil Code, after a divorce, if the other party discovers that he or she has committed 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. Article 83 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) If, after a divorce, one party files a lawsuit with the people's court requesting division on the grounds that there are still joint property of the husband and wife that have not been disposed of, upon examination, the property is indeed the joint property of the husband and wife that was not involved in the divorce, and the people's court shall divide it in accordance with law.