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Marriage. Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by 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 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.
Husband and wife may stipulate that property acquired during the existence of the marital relationship and property before 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 unclear, the provisions of articles 17 and 18 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 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.
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It is your personal property before marriage, and your wife's salary is the joint property of the husband and wife, so the salary is involved in the distribution!
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Pre-marital property belongs to individuals, and property acquired during marriage is joint property and is generally divided equally.
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The house is your personal property before marriage and does not participate in the distribution; Your wife's salary is part of the marital property and should be divided equally.
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Hehe, it seems that many couples now spend the man first, and then the woman, how to divide it, the above has already told you.
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It's better to split it fifty-fifty and sign a contract.
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Method of distribution of property in divorce with wife: Personal property such as items for personal use is generally owned by the individual and is not divided unless otherwise agreed. 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.
Legal basis] Article 1065 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.
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 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.
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Legal Analysis: In the event of divorce, the joint property of the husband and wife is disposed of by agreement between the parties; If the 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 child, the woman-type Dayan, and the innocent 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 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 divorce was filed by the wife for divorce and the distribution of property was as follows:
1. If there is an agreement on marital property between the parties, the agreement shall prevail.
2. If the two parties reach an agreement on the division of property through negotiation, the result of the negotiation shall prevail.
3. If the two parties do not have an agreement on marital property or the two parties fail to reach an agreement through negotiation, the auspicious stove cover shall be divided by the court according to law.
4. The property of one party before marriage or the property belonging to the individual after marriage shall belong to the individual.
The circumstances in which the law prescribes the circumstances in which property belongs to one of the parties.
1. One party's pre-marital property;
2. One party shall be concerned about the medical expenses and living allowances for the disabled due to physical injury;
3. The property that is determined in the will or gift contract to belong to only one of the husband or wife;
4. Daily necessities for one party;
5. Other property that should belong to one party.
What should I do if my wife files for divorce.
If both parties have no objection, they can go to the civil affairs bureau where their household registration is located to go through the divorce procedures; If no agreement can be reached, one party may file a lawsuit at the place of the other party's household registration or habitual residence (residence for more than one year).
In addition, if both parties can reach an agreement but do not want to go back to the place of household registration, they can also apply for an expedited divorce judgment in the court of the place of residence, and both procedures require the presence of both parties. If there are statutory divorce circumstances such as gambling, drug abuse, domestic violence, extramarital affairs, separation for two years, etc., the court is likely to grant divorce, if not, the court may not grant divorce, but after the judgment continues to live for more than six months, you can sue again, and there is a high possibility of divorce.
Article 11 of the Marriage Registration Regulations.
Mainland residents who have registered for divorce shall present the following documents and supporting materials:
1) The person's household registration booklet and ID card;
2) The person's marriage certificate; Three.
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