The divorced spouses divide the property equally, excluding one of the spouses company or school

1. If the institution is invested by the man before marriage, then the ownership belongs to the man, and if it is invested after marriage, then it is joint property.

Article 17 of the Marriage Law of the People's Republic of China stipulates that: "The following property acquired by husband and wife during the existence of marriage shall be jointly owned by 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.

Article 11: During the existence of a marital relationship, the following assets fall under the provisions of article 17 of the Marriage Law"Other property that should be jointly owned":(1) the income obtained by one party from the investment of personal property;

2 Regardless of whether the ownership is owned by the husband or not, the income from the operation of the institution is joint property. The law is as above.

3. If it belongs to the man, there are 600,000 assets in addition to this. Let's say the institution is worth 300,000. Should (1) the institution belong to the man, and then the two parties will share the remaining 600,000?

Or (2) the man obtained this institution, which means that he has already obtained 300,000, and he can only get 150,000 for the remaining 600,000. This gives both sides a total of 450,000 each.

If the man invests in this institution before marriage, then the joint property of the father is 600,000 assets.

If the husband invests in this institution after marriage, then the joint property is 900,000.

In general, it is split in half.

4. Although the legal representative of the institution is the man, due to the man's physical reasons, the woman has always been in charge. How can this situation be divided? To whom, in common or one of them?

If the woman fulfills more management responsibilities, she can appropriately divide more on the basis of equal sharing.

1. Since the school is established during the existence of the marriage relationship, the income obtained by either party as a result of the school shall be the joint property of the husband and wife, which shall belong to the joint ownership of the husband and wife. However, the profits made by the school may need to retain the provident fund, the Community Chest or other expenses stipulated in the articles of association, so it is not completely equal to the income of the school's investors or shareholders.

2. The school has an independent legal status, and the assets of the school are still owned by the school. It is not the man or the woman who owns the school.

3. If the parties are divorced, the husband and wife may divide their capital contributions, including the income received by one party. The proceeds shall be divided equally, and the detailed division of the contribution to the school depends on the nature of the school (whether the school is a company or a partnership or a sole proprietorship) as set out in Articles 15 to 18 of the Reference below.

There are some specific situations in your question that I would like to ask.

1.Did you have that school before you and your husband got married, or did he only have it after you got married?

If he had it before you got married, it was not considered the joint property of the husband and wife, it was his private property, and you could not share it with him in the divorce. Community property refers to all the income of the spouses after marriage.

2.If your husband owns the school after you get married, you have the right to unconditionally enjoy half of any benefits that come with the school and own half of the school's shares, i.e. half of the ownership.

3.The remaining 600,000 can be distributed according to the solution of problem 1 I said.

4.It doesn't matter who manages it, because the legal representative is your husband. If you want to get half of it, it must be that your husband owns the school after you get married.

You are entitled to half of all the goods, both yours and his, as long as they were acquired after you were married.

This is clearly stipulated in the Marriage Law of the People's Republic of China, and the interpretation of the joint property of the husband and wife is clearly stipulated, and you can check it yourself.

If the man's company or school is your man's personal property before marriage, you will not be able to share it; If the property is divorced after marriage, it is one and a half (regardless of who is a legal person and who is the administrator, these two are useless in marriage), You can apply to the court to make a ** assessment of the school or company.

But you can divorce by agreement, you can discuss what you want with him first, and if it really doesn't work, go to court, after all, they have been married for more than 20 years.

Legal Analysis: Depends on the circumstances.

1. The division methods include agreement division and judgment division.

2. Partition by agreement means that both parties decide how to divide by themselves, and they can voluntarily sign a partition agreement. carrying.

3. Judgment division refers to how to divide by the court's judgment, which has legal effect.

4. Principle of division: Under normal circumstances, half of the property of the husband and wife will be taken into account, and the interests of the children and the wife will generally be considered, and the party at fault will divide less or no property.

5. If there is a prenuptial agreement, the agreement should be considered, and the property of the donated party shall not be divided, and the special goods of one party shall not be divided.

6. The real estate before marriage shall not be divided, the real estate donated by the parents to one party shall not be divided, and the joint purchase of a house after marriage shall be joint property regardless of whether the name is on the real estate certificate or not.

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' intention to divorce voluntarily and their consensus on matters such as child support, property disturbances, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation to upgrade the suspect or directly file a divorce lawsuit with 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 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 dissolution of marriage between a man and a woman and the division of property shall be carried out in accordance with the principle of equality. However, it is also necessary to take care of the weaker party or the party who is not at fault, and if one party conceals or transfers the joint property of the husband and wife during the marriage, he or she may share less or no share.