The divorce has a joint property between the husband and wife, and he said that he earned it, and it

According to the Marriage Law of the People's Republic of China and relevant laws and regulations, the joint property of husband and wife mainly refers to the legal income of one or both parties during the existence of the husband and wife relationship, as well as the property and property rights converted from the income. The period of existence of the marital relationship is from the date of registration of the marriage to the date of registration of the divorce or the entry into force of the divorce judgment.

Specific should include:

1) The wages and bonuses of both husband and wife;

2) Profits from production and operation;

3) Income from intellectual property rights: refers to property gains actually obtained or clearly available during the existence of the marital relationship;

4) property derived from inheritance or acceptance of gifts;

5) In the case of one-time expenses such as demobilization expenses and self-employment expenses in the name of military personnel, the income shall be multiplied by the average annual income from the duration of the marital relationship between the husband and wife;

6) the income obtained by one side from the investment of personal property;

7) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

8) Pension insurance premiums and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.

The wages he earned after the marriage belonged to the joint property of the husband and wife.

After getting married, the money earned by the husband and wife and other materials obtained by the husband and wife belong to the joint property of the husband and wife, which is clearly stipulated in the law, and is not changed by either spouse saying that it belongs to him, as long as there is evidence, the court will make a fair judgment.

If the husband and wife do not have joint property at the time of divorce, there is no need to divide the property, and their respective personal property remains the property of the individual.

Where the parties agree to divorce, they may state in the divorce agreement that the parties have no joint property. In the case of divorce by litigation, the division of property can be omitted.

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

1. Wages, bonuses, and labor remuneration;

2. Income from production, operation and investment;

3. Income from intellectual property rights;

4. Inherited or donated property, except for property determined in the will or gift contract to belong to only one party;

5. Other property that shall be jointly owned.

1. What are the types of marital property?

The types of marital property include the following: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of intellectual property rights; (4) Property acquired by inheritance or gift, except for property determined in the will or gift contract to belong to only one of the husband or wife; (5) Other property that shall be jointly owned. Article 1062 of the Civil Code stipulates that the following property acquired by a husband and wife during the period of marriage shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in paragraph 3 of this Law and Article 1063; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

2. Is the fund-raising house the joint property of the husband and wife?

Whether the unit fund-raising house is the joint property of the husband and wife depends on whether the house was acquired during the existence of the husband and wife relationship, and whether the cost of purchasing the fund-raising house is the joint property of the husband and wife. The following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except for property that is determined in a will or gift contract to belong to only one party; (5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1076 of the Civil Code provides that if 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 intention of both parties to divorce voluntarily, express the intention of the parties to divorce, and reach a consensus on matters such as child support, property, and debt handling.

Legal analysis: The income of the husband and wife during the existence of the marital relationship is the joint property of the husband and wife, including physical goods, cash and foreseeable income, and the foreseeable income report**, bonds, investment **shares, etc. are valuable**, with certainty and foreseeability. The essence of an option is a right and qualification, and its value is uncertain, and it can only be purchased or shared on the exercise date or the agreed date, so it does not belong to "foreseeable returns".

The acquisition of options before marriage (including but not limited to **, **, etc.) and their realization after marriage or divorce shall not prevent the realization of the benefits obtained from being divided as the joint property of the husband and wife.

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. Lead Sentence.

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) Gambling and drug addiction and other vices;

4) Separated for two years due to emotional discord; Huai Gai.

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.

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The property owned by the husband and wife during the existence of the marital relationship belongs to the joint property of the husband and wife, and the property purchased by whoever pays for it belongs to the joint property of the husband and wife. Therefore, before the divorce, the joint property of the husband and wife is jointly owned by both parties, and no one party can occupy or dispose of it alone.

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The property owned by the husband and wife during the existence of the marital relationship belongs to the joint property of the husband and wife, and no matter who pays for the purchase of the property, it belongs to the joint property of the husband and wife. Therefore, before the divorce, the joint property of the husband and wife is jointly owned by both parties, and no one party can occupy or dispose of it alone.

Legal basis: Article 1066 of the Civil Code stipulates that during the existence of the marital relationship, one of the husband and wife may request the people's court to divide the joint property under any of the following circumstances: (1) one party has concealed, transferred, sold, damaged, or squandered the joint property of the husband and wife, or falsified the joint debts of the husband and wife, or seriously harmed the interests of the joint property of the husband and wife; (2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

Now I have a problem with a car named hers, and she doesn't let her use it if she hasn't divorced yet, so how can I do it.

Dear, you are not divorced yet, this is during the period of marriage and marriage. If the car is bought after marriage, the hail disturbance is the joint property of the husband and wife. The man also has the right to use it. Therefore, Zheng Xianhong can sue the woman for violating her right to use the common property.

Dear, does the car belong to the woman's property before marriage, or is it joint property after marriage?

Dear, if you buy it after marriage, it is a mess in the joint property of the husband and wife, you have the right to use, you can coordinate with the other party to deal with it, if you can't negotiate, you can file a lawsuit with the court.

Dear, if you don't understand, you can contact me directly.

Legal Analysis: Couples who do not have joint property can choose to divorce by agreement or sue the court for divorce. Generally, if the husband and wife do not have joint property, they do not need to divide the property, and the two parties can reach an agreement and divorce by agreement.

If there is no agreement on issues such as child support, you can sue for divorce.

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

Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

(2) Income from production, operation and investment;

(3) the proceeds of intellectual property rights;

4) Inherited or donated property, except as provided for in 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 shall be 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;

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

5) Other property that shall belong to one side.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or 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.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

In divorce disputes without property, as in other divorce disputes, only the property does not need to be divided. There are two types of divorce. One is that both parties reach an agreement through negotiation and sign the "Divorce Agreement", and then both parties bring their ID cards, household registration booklets, marriage certificates and "Divorce Agreement" to the civil affairs department that handles the marriage registration or the civil affairs department where one of the husband and wife is registered.

At the time of processing, the "Marriage Certificate" of both of you will be withdrawn and the "Divorce Certificate" will be issued to you. This concludes the divorce process. Another form is when the two parties cannot reach an agreement, so that they cannot sign the "Divorce Agreement", and the two parties have no way to go through the divorce procedures at the Civil Affairs Bureau together, then the party who wants to divorce can file a lawsuit with the basic court of the defendant's household registration or habitual residence, and the materials that need to be prepared are two copies of the civil complaint, the identity information of the plaintiff and the defendant, the evidence materials proving that the two parties have a legal marital relationship, and the evidence that the relationship between the husband and wife has indeed broken down.

If you have a child, you will also need to provide proof of the child's family registration.

According to Article 31 of the Marriage Law, divorce shall be granted if both a man and a woman divorce voluntarily. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation 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 should be granted.

There are two ways to divorce, one is divorce by agreement and the other is divorce by litigation. Divorce by agreement means that both parties can draw up a divorce agreement (you can also find someone**), and then sign and confirm it in person, and go to the Civil Affairs Bureau to go through the divorce procedures. Litigation divorce means that one party sues the other party to the court, and after the court has decided to mediate the divorce, he takes the court's judgment or mediation letter to the Civil Affairs Bureau to go through the divorce procedures and obtain the divorce certificate.

The easiest way to save money is, of course, to divorce by mutual agreement.

According to the Marriage Law of the People's Republic of China:

Article 39: At the time 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.

Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Therefore, in the event of a divorce, the joint property of the husband and wife is disposed of by mutual agreement; 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. Debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.