The division of property in divorce under the Marriage Act

In the case of the above-mentioned situation, if the wife is at fault, and the divorce of the husband and wife is caused by the woman's wrongful acts, and the innocent party suffers moral or material damage due to the wrongful acts of the other party, he or she may file for divorce damages at the same time as the divorce lawsuit. However, the joint property of the parties is still divided equally.

In the case of joint property, if the woman is at fault, it will be appropriate to divide less. Children outside of wedlock will definitely not be raised by the man.

It's a little smaller, but it won't go undivided into her ......

According to the provisions of the Marriage Law, if you divorce before 6 years of marriage, you do not need to give the woman any property. In addition, if the woman has an extramarital affair, the man can also not give the woman any property if he has definite evidence. A little bit of understanding. Don't laugh.

Legal Analysis: How to Divide Property in a Divorce.

1) The joint property of the husband and wife shall generally be divided equally. In other words, the joint property of the husband and wife is, in principle, divided equally; According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different. Items that belong to personal use are generally owned by individuals.

2) The joint property of the husband and wife who live separately and manage and use them separately shall be owned by the management and user party when divided; In the case of a significant difference, the party who has acquired the excess property shall compensate the other party with property equivalent to the difference.

3) If the bride price is paid in accordance with custom after the marriage has been registered and the bride price is paid in accordance with customs, or if the payment before marriage causes the payor to live in difficulty, the other party may request the other party to return the bride price at the time of divorce.

4) If one party operates in partnership with another party with the joint property of the husband and wife, the property of the Changqing Gang can be owned by one party, and the party who gets the property shall give compensation equivalent to half of the value of the property to the other party.

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.

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 a divorce lawsuit, 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 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

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.

1. The property owned by each party before the marriage shall belong to each of them.

2. The distribution of the joint property of the husband and wife shall be dealt with in two ways in accordance with the provisions of Article 39 of the Marriage Law on the Conversion of Money:

1. The two parties shall reach a consensus on the matter;

2. If the negotiation fails and one party sues, the court will make a judgment based on the property situation, taking care of the children and the rights and interests of the woman.

In addition, according to article 40 of the Law on Marriage Matching, if the husband and wife agree in writing that the property acquired during the marriage relationship shall belong to each other, the party who has contributed more to the family shall be compensated accordingly.

At the same time, article 47 of the Marriage Law stipulates that if it is discovered at the time of divorce that one party has concealed, transferred, sold or damaged the joint property of the husband and wife, or falsified debts, and divides the joint property of the husband and wife, the party who conceals, transfers, sells or destroys the joint property of the husband and wife or falsifies the debts may receive a small share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may sue to request that the joint property of the husband and wife be divided again.

Article 39 of the Marriage Law of the People's Republic of China.

In the event of a divorce, the joint property of the husband and wife shall be 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.

Article 40 of the Marriage Law of the People's Republic of China.

Where the husband and wife agree in writing that the 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., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

If there is an agreement between the husband and wife, the agreement shall prevail; Where both parties agree on the division of property, the result of the negotiation shall prevail; If there is no agreement or negotiation fails, the court may be requested to divide it in accordance with law; The property of one party before marriage or after marriage is owned by the individual.

Answer: The division of divorce property follows the following principles: (1) The parties decide through negotiation. The division of property between the husband and wife in the event of divorce shall be carried out by both parties on the basis of the principle of consensus, and cannot be decided by one party.

2) Equality between men and women. (3) Take care of the rights and interests of children and women. If the negotiation fails, 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 and the woman.

4) The principle of compensation. (5) The principle of taking care of the innocent party.

It seems that there is some trouble, and there is no legal protection for not obtaining a marriage certificate, and the new marriage law stipulates that the house can be counted as pre-marital property and belongs to the man. Half of the money can be obtained from the time of obtaining the certificate.

It's your joint property, and it can only be said to be joint income, not marital property. As long as there is evidence to prove that the money and the seller's contribution belong to both you and him

Under normal circumstances, personal property before marriage is owned by each individual, and joint property after marriage is divided according to law.

Definition of community property:

The property acquired by both spouses or one of the spouses during the existence of the marital relationship is called the joint property of the husband and wife, and is jointly owned and disposed of by the husband and wife. The joint property of the husband and wife mainly includes the following property:

1) Salaries, bonuses, allowances, and other wage income of both spouses or one of the spouses;

2) Income from the production or business operations of both husband and wife or one of them;

3) Proceeds received by either spouse or one of the spouses through their intellectual property rights. refers to the property gains actually obtained or can be obtained during the existence of the marital relationship between husband and wife;

4) Property inherited or donated by both spouses or one of the spouses, except for property that is 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 by the husband and wife, mainly refers to:

1) The income obtained by one of the spouses from the investment of personal property during the existence of the marital relationship;

2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women during the existence of the marital relationship;

3) During the existence of the marital relationship, the pension insurance and bankruptcy settlement compensation actually obtained or should be obtained by both men and women.

Husband and wife have equal rights to dispose of and dispose of the above-mentioned property jointly owned by the husband and wife, and there are two meanings here, the first meaning is that the husband or wife has equal rights in handling the joint property of the husband and wife. Either party has the right to decide on the disposition of the joint property of the husband and wife for the needs of daily life; The second meaning is that the husband or wife should negotiate on an equal footing and reach a consensus when making important decisions on the disposition of the joint property of the husband and wife not for the needs of daily life. Where others have reason to believe that it is an expression of the common will of the husband and wife, the other party must not oppose the bona fide third party on the grounds that they do not agree or do not know.

Personally, I think it should depend on the situation, if your husband will buy a new house in 2008 with the money from the sale of the house before marriage, then I personally believe that this part of the money he paid after the sale should be personal property, because it is transformed from one form to another.

Personally, I think that the money after the sale of the old house should be divided first, and then the remaining money of the entire property should be divided as the joint property of the husband and wife, so as to obtain half of the remaining property value.

If the money from the sale of the old house is not used to buy a new house, and the new house is purchased by the joint property of your husband and wife, then it should be divided equally.

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

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.

1. If you can prove that the property was acquired during your marriage, you can consider the property to be joint property.

The man's actions are not entitled to be disposed of, and the court will ultimately support your claim.

2. If the property is owned by the husband before the marriage, then it is not joint property, and you cannot claim division.

The new house is the joint property of the husband and wife after marriage and should be divided equally.

The respective property before the remarriage is personal property.

The woman gets half of the new house.

In accordance with the provisions of the Marriage Law and the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts (hereinafter referred to as the "Property Division Opinions"), combined with judicial practice, the people's courts shall follow the following principles when hearing divorce cases and dividing the joint property of husband and wife:

1. The principle of equality between men and women. The principle of equality between men and women is not only reflected in the various legal norms of the Marriage Law, but also serves as a guide for the people's courts in handling marriage and family cases. This principle is embodied in the division of property in divorce, that is, the 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 children and the woman. The "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 included in the joint property of the husband and wife for division;

3. The principle of conducive to life and convenient life. The division of joint property in divorce should not be carried out without compromising the utility, performance and economic value of the property. 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 dividing party 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 non-abuse of rights. When dividing the joint property of the husband and wife in a divorce, the property belonging to the state, the collective, or others must not be divided as the joint property of the husband and wife, and the lawful interests of others must not be harmed in the name of dividing the joint property of the husband and wife;

5. Where property owned by one of the spouses is consumed, damaged, or lost during common life, the other spouse shall not compensate for it. This is a summary of judicial practice experience, which meets the requirements of the relationship between husband and wife and the essence of marital life, and is conducive to avoiding unnecessary disputes.

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

Newly discovered property must be sued within two years, and those who are dissatisfied with the division of property can repent, but it is difficult to get court support.

Inquiries can be made directly.

Beijing Marriage and Family Lawyer.

Within one year after the divorce, if it is found that one party has evidence of transferring or concealing property at the time of divorce, he or she may file a lawsuit in court to request that this part of the property be redivided.

According to the Code of Civil Procedure, the statute of limitations is 2 years.

If the other party conceals the status of the property, the statute of limitations generally begins when you know the property.

Within two years from the date of discovery of the property.

Tianjin Lawyer Li (Professional Divorce Lawyer):

The lawsuit should be sued within one year from the time it was known or ought to have known that the property existed. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.

Lawyer Li believes that providing free legal advice is a way for lawyers to give back to the society, and lawyers should handle divorce cases with the goal of closing the case and leaving no hidden dangers.

In the case of divorce, the division of property can first be handled by the parties through negotiation, and if the negotiation fails, it should be handled according to the following principles:

1. If it is the personal property of one of the husband and wife in accordance with the law or agreed by both parties, it shall still be owned by him personally.

2. If there is an agreed share of the property belonging to the husband and wife, it shall be owned by each person according to the agreed share; If there is no agreement, in principle, the two parties shall divide it equally.

Article 17 of the Marriage Law The following property acquired by husband and wife during the existence of the 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; Oak coarse celebration.

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.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property 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 unclear, the provisions of articles 17 and 18 of this Law apply.

Stool this. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is 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 third party, the debts shall be paid off with the property owned by the husband or the wife.