Rural divorce property how to divide the trouble tell me

The following are the relevant legal provisions, please take into account your own actual situation Article 17 The following property acquired by 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; (3) the proceeds of 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 premarital property of one party; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side 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 party. I hope it will be helpful to you, please be satisfied, and we will continue to solve more questions from netizens

The house built jointly after the marriage shall be the joint property of the husband and wife and shall be divided equally. If one party is at fault, the other party can demand a small share of the property. If necessary, please call us.

The joint property will be divided in accordance with the principle of equal distribution of property in the marriage law, and the division of land and real estate may be divided in accordance with the economic method. ]

In principle, the joint property of husband and wife is divided equally in both rural and urban areas. Beijing Marriage and Family Lawyer].

Legal Analysis: Division of Divorce Property of Rural Couples:

1. The principle of equality between men and women.

2. The principle of taking care of the interests of children and the woman.

3. The principle of conducive to life and convenient life.

4. The principle of non-abuse of rights.

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.

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.

The following are the relevant legal provisions, please consider your actual situation.

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) Income from production and operation;

(3) the proceeds of 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 persons with disabilities, and other expenses received by one side 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 party.

Generally, the personal property belongs to each other before marriage, and the joint property after marriage should be negotiated, and the negotiation will not be brought to the court.

However, for rural women, there is generally a situation where the man goes out to work, and the woman takes care of the elderly and children at home, so that the woman suffers more from it, and the law stipulates that if the woman pays more to take care of the elderly and children, she can give appropriate care.

For rural areas, generally speaking, if you want to get married, you have to build a new house in the south, which is the case in our village, so if the husband and wife file for divorce later, then the house is the personal property of the man, but if the house is renovated with the joint labor income of the husband and wife after marriage, the woman can file a claim for the repair costs, but the ownership of the house cannot be mentioned. However, it is not excluded that if the joint labor income of the husband and wife is covered when the house is built, then the husband and wife can claim ownership and see how the court distributes it.

Personal property is not to be distributed before marriage, and joint property after marriage is to be distributed in accordance with the principle of equal distribution.

The division of property in the event of divorce is negotiated on the basis of the principle of voluntariness, and if the negotiation fails, the court will make a decision

The principle of the verdict is an equal division of the lives of the weak with due care

Half of people. The dowry is the joint property of the husband and wife.

It can be negotiated, but if the negotiation fails, the court will make a judgment.

There are two types of property division in divorce: division by agreement and division by judgment. First, the Marriage Law stipulates that the agreement between husband and wife on property acquired during the marriage relationship and property before marriage shall be binding on both parties. That is, if the parties have an agreement on lawful marital property, the agreement shall be followed.

Second, the unique property of one party belongs to the party. Such as a party's pre-marital property;Medical expenses and living allowance for the disabled received by one party due to bodily injury;Property identified in a will or gift contract as belonging to only one of the husband or wife;Daily necessities for one party. Third, the joint property of husband and wife shall generally be divided equally, and may also be unequal when necessary, and if there is a dispute, the people's court shall make a judgment in accordance with law.

Such as husband and wife on salary, bonuses;income from production and operation;Proceeds from intellectual property rights;Property acquired by inheritance or gift has equal rights to dispose of it.

In principle, the joint property of husband and wife is divided equally in both rural and urban areas.

Beijing Marriage and Family Lawyer].

According to our law, the property after marriage should be divided equally.

Divorce property division.

The division of divorce property refers to the division of the joint property of the husband and wife at the time of divorce, which refers to the division of the joint property of the husband and wife into their respective personal property in accordance with the law at the time of divorce. Articles 17 to 19 of the current Marriage Law specify that the joint property of the husband and wife is the property acquired during the existence of the relationship between the husband and wife, and stipulates the content of the joint property of the husband and wife in the form of enumeration and generalization. At the time of divorce, if the parties have an agreement on lawful marital property, the agreement shall be followed.

The property unique to one party shall be owned by the party.

In general, the joint property within the marriage is divided equally.

Hello: According to the provisions of China's marriage law, the marital property is subject to the joint system of marital income, and the divorce should distinguish between personal property and common property, and the joint property should be divided.

Lawyer Wang Kefeng.

The pre-marital property shall be owned separately, and the post-marital property shall be divided equally except for personal daily necessities, and the pre-marital debts shall be borne separately, and the post-marital debts shall be divided equally.

Basically, it is divided according to the principle of property division in the marriage law, and the difference is the division of land and real estate.

The main thing is to look at the economic way. To put it bluntly, whoever earns more in the total assets will share more.

is divorced, and the two children are released to the man and the woman, and there is no financial **, so what should I do with child support.

1. Our house and decoration are built and decorated by yourself before marriage, which should belong to you personally, and have nothing to do with the woman, and the woman has no right to divide it.

2. The income obtained after marriage, including meeting gifts, items purchased for marriage, work income, etc., is generally regarded as the joint property of the husband and wife and is divided equally.

3. If both parties agree to give birth to the child, it is generally raised by the woman first, and you can ask for custody later, and you need to pay child support when the woman raises it.

Tianjin Lawyer Li (Professional Divorce Lawyer):

The income after marriage is generally the joint property of the husband and wife, which is divided equally. The house is your personal property before the marriage, and the woman has no right to divide it. If the child is born with mutual consent, it is generally raised by the woman first, and after the age of 2, you can request custody, and you will need to pay child support when the woman raises it.

Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

For more information, please contact us directly.

Beijing Marriage and Family Lawyer].

The joint property of the husband and wife is divided equally.

Generally, it will be divided in half. However, do not have custody of the child and ask the other party for compensation. See if the other party agrees. If you do not agree, please do your best to obtain custody of the child. In order to ask the other party to give child support in the future. The custody of the child is subject to the ability to support the child.

It is difficult to provide evidence for domestic explosions, and the court can ignore it without evidence, and the court will analyze and deal with it according to the principle of who asserts and who presents evidence.

In the case of a family explosion where evidence can be provided, the at-fault party may be required to divide the property less, and the court will take care of the innocent party in accordance with the Marriage Law and make a judgment.

In the case of two houses, the pre-marital property is personal property, and the court cannot be asked to divide the pre-marital property.

The marital property shall be divided equally in accordance with the law, and the marital property shall be divided in accordance with the law, and one person shall divide half of the marital property.

You paid 30,000 yuan for the house, and the other party admitted, or if you can provide evidence, you can ask the other party to return the original price to you, and it belongs to his father who borrowed you and needs to pay it back. If there is no evidence and the other party does not admit it, they will not come back.

Now you can slowly collect the 30,000 evidence, recordings, and IOUs, all of which will help you. Think to yourself.

If the husband deliberately transfers or conceals the property, after the court finds out, you can ask the at-fault party not to divide this part of the property, or to divide this part of the property, and the court will take care of the innocent party in accordance with the marriage law and support your request.