Do you have to divide the participating insurance you bought in the divorce If you transfer it to so

Hello. As long as there is no divorce at the time of insurance, then the insurance premium paid for the insurance belongs to the joint property of the husband and wife, and at the time of divorce, if one party needs to have this policy, then 50% of the current price must be paid to the other party according to the cash value of the contract. That is, when going to the court to grant a divorce, as long as the other party submits it, and there is evidence to prove that the premium was paid by the father during the marriage, it belongs to the joint property of the husband and wife.

Since it is the joint property of the husband and wife, then I think you should also understand how the judgment will be made. The insurance contract is non-transferable. I'll give you an example:

If the insured of the insurance contract is the same person, then the policyholder shall pay 50% of the cash value of the other party according to the cash value of the number of policy years passed by the insurance contract; If the insured is not the same person, if you want to keep the policy as the insured in the contract, then the insured will give 50% of the cash value of the policy to the policyholder, and at the same time ask the policyholder to assist you in changing the policyholder of the policy, and change the yuan policyholder to the insured himself. Hope mine can help you, thanks.

Insurance cannot be divided or transferred, only the policyholder and the beneficiary can be changed.

The insurance is handled by the person who benefits from it, belongs to the individual, can not be divided, if the beneficiary is designated, the beneficiary can be changed, by the consent of the insured.

There will be no division of who the beneficiary is.

Just change the beneficiary.

1. Can insurance be divided?

Since the policy has a certain cash value.

Therefore it is a property. Property acquired during the marriage is counted as the joint property of the husband and wife in the ordinary case of leniency.

In the event of a divorce, it needs to be divided equally. Therefore, whether it is divided depends on whether the premium** is the joint property of the husband and wife after the marriage.

2. Will the insurance be divided in the event of a divorce?

If the premiums are paid out of the joint property, the property can be divided in the event of divorce. There are two ways to divide it:

1) Split the cash after surrender. However, in this division method, the insurance company will deduct a part of the cost, especially for the insurance with a relatively short insurance period, the cash obtained from surrendering the policy may not be higher than the premium paid, resulting in a certain loss.

2) Change the policyholder and transfer the policy to the insured. Since there must be an insurance interest between the policyholder and the insured.

Due to the disappearance of the identity relationship after the divorce of the husband and wife, there is no longer an insurance interest, and the husband and wife can no longer insure each other after the divorce, they can go to the insurance company to change the policyholder and transfer the policy to the insured.

The following cases are not divided:

1) If the other party does not know that there is this policy, there is no need to worry, this policy will not be divided.

2) Gift from parents. Parents are clever in gifting insurance to their children for the policyholder, which belongs to the children's personal wealth. A relevant gift agreement is required.

3) Insurance money obtained from personal injury. Regardless of whether the premium is paid** or not, it is a joint property.

4) Premium payment** is not the joint property of the husband and wife.

3. Who is the beneficiary of the change in identity relationship caused by divorce?

There are three main cases:

1) Write down your identity and name. When the agreed beneficiary includes the name and identity relationship, and the identity relationship changes when the insured event occurs, it is deemed that the beneficiary has not been designated.

2) Indicate the identity relationship, but not the name. When the policyholder and the insured are the same entity, the beneficiary shall be determined according to the identity relationship between the insured and the insured at the time of the occurrence of the insured event; If the policyholder and the insured are different subjects, the beneficiary shall be determined according to the identity relationship between the policyholder and the insured at the time of the conclusion of the insurance contract.

3) If the beneficiary is agreed to be a "statutory" or "legal heir", the Civil Code shall prevail.

The legal heirs are the beneficiaries.

Legal Analysis: Insurance, as a joint property during the existence of the marital relationship, should be divided by mutual consent. While balancing the interests of the insured, the insured and the beneficiary, in the event of divorce, when the insurer and the insured are not the same person, the insurance contract can be continued by changing the policyholder.

At present, many types of insurance are similar to "savings", so the "property" nature of insurance is more obvious. When the husband and wife divorce, they should not ignore the joint property of insurance, and divide it in time to avoid unnecessary disputes in the future.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China Article 1065 A man and a woman may agree that the property acquired during the marriage relationship and the property before marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.

Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

1. The insurance money that has been accrued at the time of divorce.

1. With one of the parties as the beneficiary. In such cases, the division shall be made according to the joint property of the husband and wife, unless otherwise agreed by the parties.

2. If both parties are beneficiaries, it shall be divided according to the joint property of the husband and wife.

3. If the beneficiary is the child or other person of the party, the insurance money is the personal property of the child or other person and cannot be divided. If the beneficiary is the child of the party, the party who has destroyed the adopted child may be appointed to exercise the rights of guardianship at the time of divorce.

2. Insurance benefits that are still in the performance period.

1. One or both parties are the policyholders and themselves, the other party or both parties are the beneficiaries.

In the event of divorce, you can choose to surrender the policy, and the cash value generated by the surrender will be divided according to the joint property of the husband and wife. It may also be determined that one party will continue to perform the insurance contract and the insurance benefit will be generated after the occurrence of the insured event;

The insurance money is then divided into joint property in proportion to the total insurance premiums paid during the relationship between the husband and wife.

2. One party is the policyholder and its relatives or relatives of the other party are the beneficiaries.

This situation is regarded as a gift to the beneficiary, but the beneficiary has only a right of expectation for this right, and does not give rise to the division of the joint property of the husband and wife.

3. One or both parties are the policyholders and the children are the beneficiaries.

In this case, the above two situations can be handled with reference, but the right of one parent to maintain the validity of the contract should be ensured, that is, one party proposes to terminate the contract, and the other party submits a request to continue to pay insurance premiums to maintain the validity of the contract, and the people's court should support it.

1. Whether insurance belongs to the joint property of husband and wife.

The personal assets involved in the insurance contract mainly include insurance premiums, policy dividends, surrender cash value, pensions, insurance claims and other items. However, whether the personal property to which these insurance contracts relate to the marriage is considered to be community property also needs to be determined on a case-by-case basis. Unless otherwise agreed by the insurance contract or the husband and wife, in most cases, the insurance premium, policy income, cash value, and pension belong to the joint property of the husband and wife after marriage.

If the pension insurance and medical insurance benefits are obtained after marriage, then in the absence of a special property ownership agreement, it shall be regarded as the joint property of the husband and wife.

In many cases, there is no marital relationship in the insurance relationship, and there is no pre-marital and post-marital problem, because the insurance money cannot be divided as property, it belongs to the beneficiary. If one of the spouses is the designated beneficiary, the death and disability insurance benefits are not considered to be the joint property of the husband and wife.

Article 1087 of the Civil Code of the People's Republic of China provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the 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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.

In the event of a divorce, the premium is not necessarily divided. If the premium is generated by the personal property of one party, it is deemed to be his personal property and generally cannot be divided, and if the premium is generated by the joint property of the husband and wife, it is recognized as the joint property of the husband and wife and can generally be divided. Unless otherwise agreed by both parties.

[Legal basis].Article 1062 of the Civil Code of the People's Republic of China.

The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:

Salary, 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 is the personal property of one of the spouses:

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 the exclusive use of one side;

5) Other property that should belong to one party.

Whether the insurance can be divided in the event of a divorce needs to be determined according to the actual situation. Depending on whether the type of insurance is life insurance or property insurance, in general, the insurance itself will not be divided in the event of divorce, but the value of the insurance can be divided. If it is a wealth management type of insurance, such as **, then it can be divided, and the party holding ** will compensate the other party.

There are three types of insurance benefits that have been accrued at the time of divorce. The details are as follows:

1. If the purchase is made during the marriage, one of the parties is the beneficiary. In such cases, the division shall be made according to the joint property of the husband and wife, unless otherwise agreed by the parties.

2. If both parties are beneficiaries, they shall be divided according to the joint wealth and property of the husband and wife;

3. If the beneficiary is the child of the party or other person, the insurance money is the personal property of the child or other person and cannot be divided. If the beneficiary is the child of the party, the party raising the child may be appointed to exercise the rights of guardianship at the time of divorce.

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

Article 1063 [Personal Property of Husband and Wife]The following property is 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; Aberdeen or.

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.