How exactly is the property divided in a divorce? How exactly is the property divided in the event o

According to your statement, as well as the title deed and the relevant contract for the sale and purchase of the house, it can be proved that the house is indeed your personal pre-marital property. In the event of a divorce, you should not divide your personal property before the marriage, but you will own it personally. The new Marriage Law provides:

Pre-marital property acquired by one of the spouses shall belong to him or her and shall not be converted into joint property unless agreed in writing. ”

The house is your personal property before the marriage, and it should belong to you when the property is divided in the divorce.

As for the renovations, if you jointly pay for the renovations, you should compensate her for the appropriate renovations.

One and a half. Let's put it this way, the house bought before the certificate is bought in whose name is on the real estate certificate, the house is theirs, and the house bought after the certificate is half for one person.

The house is your pre-marital property, and it has nothing to do with whether you are pregnant or not, and it is not divided. Other joint property (income from the duration of the marital relationship) needs to be divided equally.

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Includes the following:

The principle of division of property in divorce.

The specific division of the joint property of the husband and wife, the division of the house of the divorced husband and wife.

The division of property rights of enterprises jointly owned by husband and wife.

Partition of investment property.

Property division contracts.

Other property division issues: bank deposits.

Property benefits of intellectual property.

Income from the investment of personal property.

Bankruptcy Settlement Compensation.

Provisions on the division of property in the divorce of military personnel, and the distribution of property such as insurance money for military personnel.

Distribution of housing allowances received by military personnel.

The scope of the settlement of common debts.

Settlement of debts.

The principle of division of property in divorce.

Specific division of joint property of husband and wife The issue of the division of the house of the divorced husband and wife, the division of the property rights of the enterprise jointly owned by the husband and wife.

Partition of investment property.

Property division contracts.

Other property division issues: bank deposits.

Property benefits of intellectual property.

Income from the investment of personal property.

Bankruptcy Settlement Compensation.

Provisions on the division of property in the divorce of military personnel Distribution of property such as insurance money for military personnel and distribution of housing subsidies received by military personnel.

The scope of the settlement of common debts.

Settlement of debts.

The joint property is divided equally, and the house before the marriage belongs to you.

The house is pre-marital property and is your personal property

The division of property in the event of divorce is as follows: property belonging to one of the spouses is still held by the owner after the divorce; where it is joint property of the husband and wife, it is to be handled 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 law is closed on the basis of].

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

Article 1088.

If one of the spouses bears more obligations due to 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 give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

1. The principle of general equalization; 2. Adhere to the principle of taking care of the interests of children and women; 3. The principle of taking care of the innocent party: the innocent party has the right to claim damages; 4. The principle of fairness: the economic interests of the husband and wife should be liquidated in the event of divorce; 5. Respect the wishes of the parties, and the principle that property agreement precedes the law.

Legal basis: Civil Code of the People's Republic of China Article 1087 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 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 the Nuclear Law.

This question is not a clear statement, it depends on the evidence.

Divorce can only divide the joint property of the husband and wife, not the pre-marital property. The husband buys the house in full before marriage, and when the divorce occurs, the property belongs to the man; The husband takes out a loan to buy a house before marriage, and the part of the joint loan repayment is divided according to the joint property of the husband and wife.

For the first property, according to the newly implemented Interpretation III of the Marriage Law, if the two of you fail to reach a negotiation, the real estate will be awarded to the man, and the pre-marital down payment and the remaining loan will be owned by the man.

For the second property, also according to Interpretation III of the Marriage Law, if there is no other evidence, it is determined that it was donated by the woman's parents to the husband and wife, and it is the joint property of the husband and wife. It should be divided in the event of divorce.

For the third property, it is purchased jointly after the marriage and is the joint property of the husband and wife. In the event of a divorce, the parties negotiate the ownership of the house, and then the party who acquires the property gives half of the discount to the other party. If both husband and wife do not want the house, the house will be auctioned or sold, and the remaining money after deducting the remaining bank loan and the corresponding appraisal, auction and sale costs will be divided between the husband and wife.

1. Handle it in accordance with Article 10 of Judicial Interpretation 3 of the Marriage Law;

2. Joint property, divided equally in the event of divorce;

3. If the joint property has not been agreed on in advance, it will still be divided equally in principle in the event of divorce.

Article 17 of the Marriage Law clearly stipulates the joint property of the husband and wife during the existence of the relationship, and states that "the husband and wife shall have equal rights to dispose of the jointly owned property. "Husband and wife have equal rights to dispose of jointly owned property" includes the following two aspects:

1. During the existence of the relationship between husband and wife, as long as it is the joint property of the husband and wife, regardless of the size of its contribution to the income of the property, both husband and wife have equal rights to possess, use, benefit and dispose of it.

2. At the time of divorce, as long as it belongs to the joint property of the husband and wife, the right to divide the joint property is equal, but this does not mean that it is divided equally.

1. According to the first paragraph of Article 39 of the Marriage Law, "in the event of divorce, the joint property of the husband and wife shall be disposed of by both parties through consultation", that is to say, the division of property between the husband and wife at the time of divorce shall be carried out by both parties under the principle of consensus, and cannot be decided by one party.

2. In accordance with the principle of "equality between men and women" stipulated in the first paragraph of Article 2 of the Marriage Law, women cannot be discriminated against, and it is believed that women should share less if they earn less, and that women's rights should be respected and protected when dividing the joint property of husband and wife in divorce.

3. If the negotiation fails in accordance with the provisions of paragraph 2 of Article 39 of the Marriage Law, 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. According to Article 40 of the Marriage Law, "......If one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. "It means that when dividing the marital property in accordance with the law, the party who has paid more obligations may claim compensation from the other party, and the compensation shall be paid from the divided property, and if the divided property is insufficient to pay, it shall be made up from his or her personal property.

5. The principle of taking care of the innocent party. If the relationship between the husband and wife breaks down due to the fault of one party and the divorce is caused, the innocent party has the right to claim compensation for marital damages. Article 46 of the Marriage Law stipulates that "if any of the following circumstances leads to divorce, the innocent party shall have 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.

To divide the joint property of husband and wife, both parties should divide the creditor's rights and debts at the same time when they reach an agreement, and the interests of others, the state and the collective shall not be harmed by divorce, which is not only a legal provision, but also a moral requirement, and every citizen should consciously abide by it.

In the case of divorce, the first thing to distinguish is what is the joint property of the husband and wife and what is the personal property.

In the case of personal property, it may not be divided in a divorce case.

In the case of joint property, the husband and wife may negotiate the distribution of the property, which is entirely voluntary, as long as the parties agree on the division of the property.

If there is no consensus, it will be divided according to the law.

In the event of a divorce, the joint property of the husband and wife is generally half of the person.

However, the judge will make a judgment according to your marital situation and property situation, according to the principle of taking care of the woman, taking care of the parent who is raising the children, and taking care of the innocent party.

Legal basis: Article 1076 of the Civil Code: If the 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 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 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 property acquired during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, generally one and a half, and the joint property of the husband and wife is divided in accordance with the principle of equality between men and women, protection of the legitimate rights and interests of women and children, and consideration of the innocent party.

It should be that there is no right, and if it is a nursing fee, it can be claimed.

Divorce can only divide the joint property of the husband and wife, not the pre-marital property. The male branch digs the full amount of the house before marriage, and when the divorce, the property belongs to the man; The husband takes out a loan to buy a house before marriage, and the part of the loan repayment is divided according to the joint property of the husband and wife according to law.