What is the principle of division of marital property

Regardless of whether the parties agree on their own or the people's court makes a judgment, the following basic principles must be adhered to when dividing the joint property of husband and wife: a. The principle of equality between men and women. The right of the husband and wife to divide the joint property and the obligation to repay the joint debts are equal.

b. The principle of protecting the legitimate rights and interests of women and children. That is, when dividing the joint property of the husband and wife, care should be taken to give proper care to the minor children and the wife. c. Take care of the principle of the innocent party.

In divorce cases arising from bigamy, adultery, abuse or injury to the spouse and his or her relatives, due consideration shall be given to the innocent spouse in the division of the joint property of the husband and wife. Of course, the basic livelihood of the party at fault should also be guaranteed. d. The principle of respecting the wishes of the parties.

When dividing the joint property of husband and wife, the wishes of both spouses shall be respected, but the wishes of both parties must be genuine and lawful. When one party is willing to give up all or part of its property rights, it shall be allowed as long as it does not endanger the lawful rights and interests of the state, the collective, society and others. e. The principle of conducive to production and convenient life.

When dividing the joint property of the husband and wife, attention should be paid to the use value of the property, and it should be able to give full play to its utility after the division. f. The principle of not harming the interests of the state, the collective and others. When dividing the joint property of husband and wife, property belonging to the State, the collective or other persons shall not be divided, nor may the property of the family or other members of the family be divided, nor shall illegal gains be divided.

In accordance with the above basic principles, the joint property of the husband and wife is correctly divided.

The principle of respecting the wishes of the parties, facilitating production and facilitating life, and resolving them in a reasonable and reasonable manner.

2. In principle, the joint property of husband and wife shall be divided equally. According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different.

Items that belong to the exclusive use of the individual are generally owned by the individual.

3. If one of the parties has not returned for a long time in order to achieve the purpose of divorce, he or she shall be deemed to have residence conditions at the time of divorce. 4. At the time of divorce, if one party conceals, transfers, sells, or destroys the joint property of the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a small or no share.

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. The statute of limitations for a request for the redivision of the joint property of the husband and wife is two years from the day after the discovery of the property by the parties.

5. Where a man and a woman repent on the issue of property division within one year of divorce by mutual agreement, and request to modify or revoke the property division agreement, the people's court shall accept it.

Circumstances in which the bride price should be returned.

1) The parties have not gone through the marriage registration formalities;

2) The parties have gone through marriage registration formalities but do not live together;

3) Payments made before marriage 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.

The principle of division of the joint property of the husband and wife in the event of divorce is the principle of taking care of the rights and interests of the children and the woman. In the event of divorce, the division of the joint property of the husband and wife shall first be negotiated by both parties, and 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 wife.

[Legal basis of the clan sales bureau].Article 1087 of the Civil Code of the People's Republic of China.

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 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 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.

Legal analysis: The following property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife, and belongs to the joint ownership of 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) The number of 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 basis: Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their 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 pre-confessional property.

Article 1087:At the time of divorce, debts incurred by husband and wife 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.

Legal analysis: (1) The two parties decide through consultation. The division of property between the husband and wife in the event of divorce shall be carried out by both parties on the basis of consensus, and cannot be decided by one party.

2) Equality between men and women. (3) Take care of the rights and interests of children and women. (4) The principle of compensation.

5) The principle of taking care of the innocent party.

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

Article 1062 The following property acquired by husband and wife during the existence of their 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 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

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 one party's coarse thoughts;

5) Other property that shall belong to one side.

Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Legal analysis: 1. Acts that seriously damage the interests of the joint property of the husband and wife; 2. One party has the legal obligation to support the person who suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses. Legal basis:

Civil Code of the People's Republic of China Article 1066:In any of the following circumstances during the existence of a marital relationship, one of the husband and wife may request the people's court to divide the joint property: (1) one party has acts that seriously harm the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or forging the joint debts of the husband and wife; (2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.