How to divide the property after the divorce of the husband and wife, and how to divide the property

Marital property: Marital property refers to all kinds of property acquired by either spouse during the existence of the marital relationship. Marital property is not exactly the same as marital property.

Whether the marital property belongs to the joint property of the husband and wife depends on the agreement between the husband and wife and the provisions of the law, as follows: 1. If the marital property agreement clearly stipulates how the income of the husband and wife shall be distributed after marriage, then the property acquired after marriage shall be distributed in accordance with the agreement 2. If there is no post-marital property agreement or the agreement is invalid, the provisions of the Marriage Law shall be followed. 1. If the property acquired after marriage is the joint property of the husband and wife, it shall be provided for in Article 17 of the Marriage Law, including:

salaries, bonuses; income from production and operation; Income from intellectual property acquired by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; Other property that should be jointly owned. 2. If the property acquired after marriage belongs to the property of one of the husband and wife, it shall be stipulated in Article 18 of the Marriage Law, which specifically includes: medical expenses, living allowance for the disabled, etc., obtained by one party due to physical injury; Property that is determined in a will or gift contract to belong to only one of the husband or wife; daily necessities for one party; Other property that should belong to one party.

1) Wages and bonuses; (2) Income from production and operation; (3) the proceeds of 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 persons with disabilities, and other expenses received by one side 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 party.

In principle, the joint property of the husband and wife is divided equally.

How to divide property between divorced couples:

1. If the personal property of one party is not divided, and both parties agree otherwise, it shall be disposed of in accordance with the agreement;

2. The joint property of the husband and wife shall be divided by the husband and wife through consultation, and if the negotiation fails, 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.

[Legal basis].

Article 1 of the Civil Code of the People's Republic of China.

The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and 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.

Article 1087.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the civil 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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.

How to divide the property of the husband and wife in divorce is as follows:

1. If the husband and wife can reach an agreement, then agree to divide the common property.

2. If it cannot be divided by agreement, it can be sued to the court for disposition, at this time, in principle, it is divided equally, but certain principles must also be followed, including the principle of taking care of the innocent party, the principle of equality between men and women, and the principle of taking care of the rights and interests of children and women.

People's courts hearing divorce cases shall follow the "Marriage Law of the People's Republic of China", the "Law of the People's Republic of China on the Protection of Women's Rights and Interests" and other relevant laws and regulations, clearly distinguish between personal property, joint property of husband and wife, and joint family property, uphold equality between men and women, and protect the lawful rights and interests of children and women.

In addition, with regard to the issue of whether it is necessary to take into account the interests of the innocent party when dividing the joint property of the husband and wife, Article 46 of this Law establishes a system of compensation for damages in divorce, that is, if any of the following circumstances leads to divorce, the innocent party has the right to claim damages: (1) bigamy; (2) A person who has a spouse cohabits with another person; (3) committing domestic violence; (4) Abusing or abandoning family members. There are two types of divorce fault compensation:

First, in the division of joint property between husband and wife, more property is distributed to the innocent party, which is the practice of current trial practice; Second, in the case where the marital property is owned separately or the joint property is insufficient to compensate, the at-fault party shall use his own property to compensate the innocent party. This law does not adopt the principle of fault in the division of joint property in divorce, that is, in the division of joint property, the individual liability that caused the divorce is not taken into account, but adopts the principle of compensation for fault in divorce, and the innocent party has the right to claim compensation for losses.

[Legal basis].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. 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 46 of the Marriage Law of the People's Republic of China.

Damages] In any of the following circumstances, if the divorce is caused, the innocent party has the right to claim damages:

1) bigamy;

2) A person who has a spouse cohabits with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members.

If the husband and wife are divorced, the joint property can be divided by agreement. If you can't reach a consensus, you have to sue for divorce and the court will decide on it.

First of all, it depends on whether it is before or after marriage, and secondly, whether it is private or not, and then it is negotiation, which is the final court judgment.

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.

The child is raised by the woman, and the man pays child support; The property acquired by the husband and wife after marriage is joint property and is generally divided equally between the husband and wife.