During the marriage, a batch of goods came into the store, how to distribute them after the divorce?

The husband files for divorce property division in the following situations:1The 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 the exclusive use of the individual are generally owned by the individual. 2.

The husband and wife have the right to divide the income of production and operation equally. 3.Houses jointly owned by husband and wife that are not suitable for use shall be divided among one of the spouses in accordance with the housing situation of both parties and the principle of taking care of and raising children or the innocent party.

The party who has been allotted the house shall compensate the other party equal to half the value of the house and shall take care of the woman if the conditions of both parties are equal. 4.The house in which one party lived during the marriage was owned, and the other party had no place of residence due to divorce....

During the marriage, there was a batch of goods in the store, and after the divorce, we negotiated to see who the goods belonged to, if one party was willing to ask, then the other half should be compensated at a discount, if both parties were not willing to ask, then the goods could only be bought out into cash, so it was relatively simple to divide the money.

During the marriage, you built a batch of goods in the store, and after the divorce, then this batch of households also needs to be redistributed.

The goods in the store were purchased during the marriage, and they belonged to the joint property of the husband and wife, and should be divided equally in the event of a natural divorce.

Brother-in-law, the goods purchased in the store during the marriage belong to the joint property of the husband and wife, and they can be divided equally between the two parties after the divorce, or they can be converted into money and then divided.

When a batch of goods is purchased in the store, the value is estimated and the joint property of the husband and wife is divided.

Hello, this will be paid according to the payment, that is, when you buy it, if you want to, you will give it to whom, hope, thank you.

At the time of the divorce, the goods in the store were the joint property of the husband and wife.

During the marriage, the store talked about a batch of goods, how to distribute them after the divorce? Then the goods are made at a sincere price, who wants to make money for you to take the money after the goods are finished?

If the property is personal before marriage, it is still personal.

Acquired after marriage is joint property.

It can be handled through negotiation, but if the negotiation fails, you can sue the court to deal with the divorce, and it is prudent to remarry, and there is a risk of remarriage.

If there is no dispute after negotiation, go to the marriage registration department to go through the divorce formalities. If the negotiation fails, go to the court to file a lawsuit.

(1) Distribution of property.

1. How to divide property and debts after divorce?

After obtaining a marriage certificate, the property is generally joint property, and the debts are also joint debts.

2. The pre-marital property of both parties shall be owned by all parties, and the property during the existence of the marital relationship shall belong to the joint property of the husband and wife, and shall be equally distributed in principle.

3. The Marriage Law reiterates the principle of taking care of the rights and interests of children and women on the issue of property division after divorce; In addition to the fact that in the event of divorce, if one party is in difficulty, the other party shall provide appropriate assistance, two special provisions have been made:

1) Property compensation issues

If the husband and wife agree in writing that the property acquired during the marriage 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.

2) It is possible to divide the property issue with less or no property

At the time of divorce, if one party conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts in an attempt to encroach on the property of the other party, when dividing 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 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 file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

(2) The issue of children's ownership

1. In accordance with the principles stipulated in Articles 36 and 37 of the Marriage Law, the issue of raising children in divorce should be properly resolved from the perspective of benefiting the physical and mental health of the children, protecting the legitimate rights and interests of the children, and taking into account the specific circumstances of both parents such as their ability to raise and conditions for raising them.

2. Under normal circumstances, the husband shall not file for divorce within one year after the woman gives birth.

3. If the divorce is made one year after childbirth, the child who is breastfeeding shall be raised by the breastfeeding mother as the principle.

4. If the two parties cannot reach an agreement due to a dispute over the custody of the child after breastfeeding, the court shall make a judgment according to the rights and interests of the child and the specific circumstances of both parties.

5. The party who does not directly raise the child shall pay child support.

With regard to the division of property after divorce, the Marriage Law reaffirms the principle of taking care of the rights and interests of the children and the woman.

First of all, the law will be more respectful of the views of the two parties, and other times it will be distributed according to the common property.

Property is generally joint property, and debts are joint debts.

At this time, it depends on the reason for the divorce. If the two sides can speak, of course, they can negotiate and settle it.

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If 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.

In principle, after divorce, the joint property of the husband and wife shall be divided equally between the two parties, and the property of the husband and wife before marriage shall be owned by each other. If there is an agreement between the two parties on the division of property, the property shall be divided in accordance with the agreement between the two parties. Article 19 of the Marriage Law provides:

Husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be separately or jointly owned or partly separately and partly jointly owned. The agreement shall be in written form, and where there is no agreement or the agreement is not clear, the provisions of articles 17 and 18 of this Law apply.

According to Article 17 of the Marriage Law, the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:

salaries, bonuses; income from production and operation; proceeds from intellectual property rights; property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; Other property that should be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property. The distribution of property after divorce should follow the following principles:

1. Equality between men and women.

Article 17 of the Marriage Law states that "husband and wife have equal rights to dispose of jointly owned property. ”

2. Take care of the interests of the children and the woman.

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.

3. 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 the means of production in the common property are divided, 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. No abuse of power.

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 the property owned by one of the spouses is consumed, damaged or lost during the common life, the other party shall not compensate for it.

In principle, all those that are recognized as the joint property of the husband and wife shall be divided equally. If one party has an extramarital affair or domestic violence, the other party may appropriately demand compensation.

If the husband and wife negotiate and settle the division of family property, and if the negotiation fails, they shall file a lawsuit in the court and let the court make a judgment.

As a reminder, the division of the marital property in divorce is only the joint property of the husband and wife, and does not include the personal property of the husband and wife or the property of a third party.

According to the provisions of the Marriage Law, the following property acquired by the husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) income from production and operation; (3) income from intellectual property rights; (4) Property acquired by inheritance or gift, except for property that is determined in the will or gift contract to belong only to the husband or wife; (5) Other jointly owned property.

The joint property of husband and wife includes the labor income and other legal income, donated property, inherited property, etc., obtained by both husband and wife or one of the spouses during the existence of the marital relationship.

In addition, according to the second part of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of Civil Policies and Laws, the joint property of husband and wife also includes: (1) if the pre-marital property and the post-marital property cannot be ascertained, or if it is personal property before marriage, but it has been married for many years and has been jointly used, operated and managed by both parties for a long time, it can be regarded as the joint property of the husband and wife; (2) During the existence of the marital relationship, the demobilization and transfer expenses received by demobilized and demobilized servicemen may be divided according to the joint property of the husband and wife if the husband and wife live together for a long time at the time of divorce; (3) The income of the current year for engaging in diversified management and contracting responsibility fields during the existence of the husband and wife relationship, as well as the funds invested in breeding and breeding professions without income in the current year; (4) Gold, silver, jewelry, and other property donated by one or both parents' parents after the marriage is registered.

According to the provisions of the Marriage Law, the property before marriage shall not be cut, and the property after marriage shall account for 50 percent.

It depends on how long you have been married, and it also depends on who is leaving whom, there are all sayings.

The distribution of property after divorce is determined on a case-by-case basis. If it is the joint property of the parties, it will be divided equally between the parties in the divorce; If it is the personal property of one party, it remains in the possession of one party. The two parties can also negotiate to deal with it, and if the negotiation fails, they can go to the court to file a lawsuit.

The court will decide on the principle of taking care of the children and the elderly, or the rights and interests of the innocent party in the marriage. In the event of a divorce, if one party is living in difficulty, the other party who can afford it should also provide appropriate assistance.

[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 agreement between the two parties; 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.

In the event of divorce, the husband and wife shall, according to the actual situation and the wishes of the parties to the two factions, divide the property and write out the property division agreement to perform their duties in accordance with the agreement.

Of course, if one party is at fault, such as domestic violence against the other party, then give him less or even no property, which can be regarded as a punishment for him.

Personal property is not divided into clumps and property. In the event of divorce, the joint property of the husband and wife shall be disposed of by the parties in agreement; If the agreement is not finalized, the people's court shall make a judgment on the basis of 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.

Shouldn't the IOU be in the hands of the creditor?

Why did it tear it up? If you say that you have repaid the money, it means that your husband and wife have repaid the debt with joint property, and there is no such thing as a joint debt.

This shop has been operated by the husband and wife for many years, and it is the joint property of the husband and wife, so how to distribute your store is mainly resolved through your negotiation.

The goods inside are divided according to their market value. Is the store your real estate?

If so, if you can't negotiate, you will conduct an auction, and the proceeds will be half of the appraisal fee of several thousand, which is the next policy.

All you have to do now is to keep track of the payment for the goods, the goods, and prevent the other party from transferring the property.

How could the IOU end up in his hand?

IOUs are important evidence, but they are not the only ones. As long as there is other evidence, the existence of the loan relationship can also be confirmed, such as: witness testimony, transfer records, self-admission of the parties (both husband and wife can admit themselves), video materials (such as audio recordings), etc.

First of all, the store is your common property, and it is basically divided equally. In addition, it is not necessary to have an IOU to have debts, and it is possible to have other proofs. You should talk to a practicing lawyer, and some lawyers who you don't think will have a different opinion.

Lawyer Li Wei.

It is recommended to find a lawyer for consultation!

It is the joint property of the husband and wife and should generally be divided equally.

As a professional lawyer in marriage and family, I have rich practical experience in handling divorce cases, and I can contact me to help you protect your rights!

If the two parties divorce, it should be owned by the woman and does not belong to the joint property of the husband and wife, but the business income belongs to the joint property of the husband and wife, and the business income should be divided according to law at the time of divorce.

Article 17 of the Marriage Law: The following property acquired by the 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;

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 shall be 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.