What is community property? How to distribute the divorce

Joint property refers to all the property jointly purchased by both parties after marriage, including large items such as savings, cars, and houses, and small household appliances. After a divorce, it is generally half of the family.

The original text of Articles 17 and 18 of the Marriage Law reads as follows:

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) 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.

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 the disabled, and other expenses received by one party 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 side.

Hello, it is to register the marriage, and the money earned from the purchase belongs to the marital property. In the case of divorce, if there is no party at fault, both parties will divide it equally. For more divorce counseling, find a specific answer for you. Hope it helps.

Community property is the family property created by the husband and wife together after marriage, and it is divided equally after separation.

What is Divorce Separation? Sometimes it is true that there is a divorce after the separation of property, but most of them still talk about the division of property in the divorce. The property divided in the divorce refers to the joint property of the husband and wife, and the personal property is not disposed of.

In the case that some spouses buy a car and a house for Xiao S, how to distribute the divorce property of the husband and wife? In such a case, the spouse has every right to claim restitution.

Something that the couple bought together after marriage.

How to distribute the property of the husband and wife in divorce.

Article 1087 of the Civil Code 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 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 the husband or wife in the contracting and management of family land shall be protected in accordance with law.

If there is an agreement between the two parties on the ownership of joint property at the time of divorce, it shall be handled in accordance with the agreement; If there is no agreement, the parties shall negotiate how to distribute it on their own, and pay attention to the following principles when negotiating the division of property:

1. The principle of equality between men and women.

2. The principle of protecting the legitimate rights and interests of women and children.

3. Take care of the principle of the innocent party.

4. The principle of respecting the wishes of the parties.

5. Facilitate production and facilitate life.

If the negotiation fails, the court can sue for a judgment by the court, and the court will make a decision in accordance with the principle of taking care of the rights and interests of the child, the woman and the innocent party.

Legal basis] Article 1087 of the Civil Code, in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; Where a rough royal summoning 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 a divorce by mutual agreement, both parties can sign an agreement on the distribution of property, and both parties can negotiate and deal with it. In the case of divorce by litigation, the division of property mainly determines whether the property belongs to individual property or joint property of the husband and wife. If it is personal property, it cannot be divided in the event of divorce, but in the case of joint property, it is generally divided equally at the time of division of the property.