I worked hard to open a company, and my wife didn t have to pay how to divide the property in the di

1. The property acquired after marriage, regardless of whose income it is, is the joint property of the husband and wife, and shall be divided in accordance with the principles stipulated in Article 39 of the Marriage Law at the time of divorce;

2. Legal basis:

1) Article 17 of the Marriage Law [Joint Property of Husband and Wife] The following property acquired by husband and wife during the existence of the marriage 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.

2) Article 39 of the Marriage Law [Divorce Handling of Joint Property of Husband and Wife] In the event 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.

How long to be married? How long does the company last? In order to say that there is no pay? What is your concept of giving?

There are still two years to sue for divorce, which is enough for you to make huge losses in your current company accounts, and as long as you are ruthless enough, you can also make joint debts.

If you get married, you will have half of him, unless the legal person is not you.

As long as it's your wife, you're giving.

An adult's emotional control: If you don't like me, I don't like you either.

Don't worry about that if you leave.

Legal analysis: The joint property of the divorced husband and wife is divided equally, and it has nothing to do with whether there is a job or not. Although the woman does not have a job, her income after marriage belongs to the joint property of the husband and wife, so she can get a share of the property in the event of divorce.

In the process of divorce between the parties, it should be carried out in accordance with the principle of joint property judgment distribution.

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 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.

Although the woman does not work, her income after marriage belongs to the joint property of the husband and wife, so she can share the property in the event of divorce. As for the part of the pre-marital property, there are many situations, and the specific situation needs to be analyzed on a case-by-case basis. According to the Civil Code and judicial practice, the people's court may follow the following principles when hearing a divorce case to divide the joint property of the husband and wife:

1. The principle of equality between men and womenThe principle of equality between men and women is not only reflected in the various legal norms of the marriage and family section of the Civil Code, but also the guide for the people's courts to handle marriage and family cases. This principle is embodied in the division of property in divorce, that is, both husband and wife have the right to divide the joint property equally and bear the obligation of joint debts equally.

2. The principle of taking care of the interests of the children and the womanThe "care" here can not only give the woman an appropriate share of the property, but also allocate a certain property that is particularly needed for life, such as housing, to the woman in terms of the type of property. After all, in terms of customary forces, obstacles caused by the influence of traditional factors, and women's housework burdens and physiological characteristics, after divorce, women are generally weaker than men in finding jobs and earning a living, and they need more help from society. At the same time, when dividing the joint property of husband and wife, special attention should be paid to protecting the lawful property rights and interests of minors.

The lawful property of minors cannot be divided among the joint property of the husband and wife.

3. The principle of conducive to life and convenient life should not damage the utility, performance and economic value of property when dividing common property in divorce. When dividing the means of production in the common property, they should be distributed to the party who needs the means of production and can better play the role of the means of production; When dividing the means of subsistence in the common property, it is necessary to satisfy the professional or professional needs of the individual as much as possible, so as to give full play to the use value of the property. The indivisible property shall be owned by one party according to the principle of actual needs and beneficial utility, and the party who receives the property shall compensate the other party according to the actual value at the time of divorce in accordance with the principle of equity.

4. The principle of rights shall not be abused, and when dividing the joint property of the husband and wife in divorce, the property belonging to the state, the collective or others shall not be divided as the joint property of the husband and wife, and the legitimate interests of others shall not be harmed in the name of dividing the joint property of the husband and wife.

5. If the property owned by one of the husband and wife is consumed, damaged or lost in common life, the other party will not compensate This is a summary of judicial practice experience, which meets the requirements of the relationship between husband and wife and the nature of marital life, and is conducive to avoiding unnecessary disputes. The division of joint property in the event of divorce needs to follow the above five principles, and the husband and wife can reach an agreement through consultation; If they cannot reach a consensus through negotiation, they can sue the court and request the court to adjudicate it. The principle of the distribution of property mainly follows the principle of equality between men and women, and secondly, the principle of taking care of women and children, as well as the principle of taking care of the innocent party and the principle of being conducive to life, even if one party has no income, in the event of divorce, the property can still be divided.

You won't get a penny.

The division of the company's property in the event of a divorce is determined on a case-by-case basis. If the equity of the company is the personal property of one of the spouses, it will not be divided in the event of divorce; If the equity of the company is the joint property of the husband and wife, in principle, it shall be divided equally between the two parties, but if the two parties have agreed on the division of the joint property, it shall be handled in accordance with their agreement. The parties can also negotiate the division of property, and if the negotiation fails, they can file a lawsuit in court.

The parties may agree on the ownership of the property, and the agreement shall be legally binding on both parties.

Legal basis: Buson

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) Article 73 Where a people's court hears a divorce case involving the division of the amount of capital contributed by one party in a limited liability company in the name of one party in the joint property of the husband and wife, and the other party is not a shareholder of the company, it shall be handled separately in accordance with the following circumstances:

1) If both husband and wife agree to transfer part or all of the capital contribution to the spouse of the shareholder, and more than half of the other shareholders agree, and the other shareholders have expressly waived the right of first refusal, the spouse of the shareholder may become a shareholder of the company;

2) After the husband and wife reach a consensus on matters such as the transfer of the capital contribution and the transfer**, if more than half of the other shareholders do not agree to the transfer, but are willing to purchase the capital contribution on the same terms, the people's court may divide the property obtained from the transfer of capital contribution. If more than half of the other shareholders do not agree to the transfer, and are not willing to buy Qi Tong to buy the capital contribution on the same terms, it shall be deemed that they agree to the transfer, and the spouse of the shareholder may become a shareholder of the company.

The evidence used to prove the consent of the shareholders provided for in the preceding paragraph may be the materials of the shareholders' meeting or the written statement of the shareholders obtained by the parties through other lawful channels.