If the husband files for voluntary divorce, will the property of the husband and wife be divided equ

When both spouses divorce, the property needs to be divided equally, because it is the joint property of the husband and wife. In addition, child support can be negotiated. If you are not satisfied with the outcome, you can file a lawsuit.

First of all, you can negotiate to settle the distribution of property, child support, expenses, etc. It is also possible to divide equally, and it is mainly settled through negotiation.

One party files for automatic divorce, as long as both parties agree to divorce, how to break up the property by personal agreement, and the agreement is inconsistent, you can sue and solve it by law.

The husband files for automatic divorce and the property of the husband and wife should be divided equally. Unless one party doesn't give up to the other, that's a matter for both of them.

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 the exclusive use of the individual are generally owned by the individual.

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 tenant may be owned by one party, and the party who has a share of the property shall give compensation equivalent to half of the value of the property to the other party.

5) For the breeding and planting industries that are jointly operated by the husband and wife in the current year, they should be reasonably divided or discounted in consideration of being conducive to the development of production and business management at the time of divorce.

6) The two parties have repaired, renovated, demolished and built the house owned by one party before the marriage, and the property rights have not been changed at the time of divorce, and the share of the multiplication part belonging to the other party shall be compensated by the owner of the house at a discounted price.

7) Property obtained through marriage, if the marriage is not long in the marriage, or the other party's life is difficult due to the request for property. It can be returned as appropriate. Where it is difficult to determine whether the nature of the property obtained is a request or a gift, it may be handled as a gift.

8) The house jointly owned by the husband and wife that is not suitable for division and use shall be divided among one party according to the housing situation of both parties and the principle of taking care of and raising children or the party who is not at fault. The party who has been allotted the house shall compensate the other party equal to half the value of the house. The woman should be taken care of when both parties are on the same terms.

9) If the intellectual property rights owned by one party at the time of divorce have not yet obtained economic benefits, the other party shall be given appropriate consideration according to the specific circumstances when dividing the joint property of the husband and wife.

10) Where personal property before marriage is naturally damaged, consumed, or lost in the common life after marriage, and one party requests compensation with the joint property of the husband and wife at the time of divorce, it will not be supported.

According to the provisions of China's Marriage Law, there are two ways to divorce, one is divorce by agreement, that is, both parties agree to dissolve the marriage relationship, and the division of property and the custody of children have been negotiated and handled, and no longer disputes, you can go directly to the marriage registration authority to go through the divorce procedures. The other is litigation divorce. Therefore, no matter which party files a request for divorce, both parties can negotiate the division of the joint property of the husband and wife, and if the negotiation fails, it can be resolved through litigation.

If the man files for divorce, whether the property of the husband and wife can be scoredYes, as long as the money purchased and the project is jointly purchased between your husband and wife, as long as the money earned by your husband and wife after marriage is enough, the family property can be scored.

The husband files for automatic divorce and the property of the spouses is negotiated.

As for how to divide it, it is still discussed by the husband and wife, and it can also be divided equally.

These are all rules and regulations to follow, and the negotiation between the two parties is the most trouble-free, and if the negotiation is inconsistent, a lawyer is needed to intervene to solve the problem.

It is recommended that the two of them can discuss and settle the property ownership

Summary. Kiss is happy to answer for you: the joint property of the husband and wife is used by the woman after the divorce, and the way for the man to protect his rights and interests:

1.The husband may request the division of property, and after the divorce of the husband and wife, the joint property generally needs to be divided, and the divorced parties can negotiate and resolve it according to their own specific circumstances, or they can file a lawsuit with the people's court to request the court to make a judgment on the division of property. If the man believes that the woman has acquired too much property, he can provide evidence to the court for a more just division of the property.

2.The man can claim his own contribution, and if the man has made a large contribution to the family, such as non-economic contributions such as childcare and housework, he can also claim his own contribution and obtain a certain distribution of property. 3.

The husband can trace the gains of property during the marriage.

If the joint property of the husband and wife is used by the woman after the divorce, what rights does the man have?

Qinqin is happy to answer for you: the joint property of the husband and wife is used by the woman after the divorce, and the way for the man to protect his rights and interests: 1

The husband can request the division of property, after the divorce of the husband and wife, the joint property faction generally needs to be divided by the faction, and the divorced parties can negotiate and settle it according to their own specific circumstances, or they can file a lawsuit with the people's court to ask the court to make a judgment on the division of property. If the man believes that the woman has acquired too much property, he can provide evidence to the court for a more just division of the property. 2.

The man can claim his own contribution, and if the man has made a large contribution to the family, such as non-economic contributions such as childcare and housework, he can also claim his own contribution and obtain a certain distribution of property. 3.The husband can trace the gains of property during the marriage.

The agreement says that the store house is used by the woman, and the income from the house has anything to do with the man?

Isn't there a clear provision in the agreement for the revenue generated by the store?

No norms were made.

The proceeds of the house belong to the joint property of the husband and wife.

It has a relationship with the man.

But the title deed is in the woman's name.

During marriage, even if the title deed is in the woman's name, the proceeds are still the joint property of the husband and wife.

Summary. Hello, if the property is already owned by the woman, then the man has no other rights and interests, because it belongs to the woman, it belongs to the woman's property.

If the joint property of the husband and wife is used by the woman after the divorce, what rights does the man have?

Hello, if the property is already owned by the woman, then the man has no other rights and interests, because it belongs to the woman, it belongs to the woman's property.

What do you mean by the use of the woman, is the house that the woman can only live in, and there is no transfer to the woman?

Legal basis: Article 1062 of the Civil Code of the People's Republic of China [Joint Property of Husband and Wife] The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) The income from intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned.

Husband and wife have equal rights to deal with the property of the elderly.

Hello, you tell us about the situation so that we can give you an analysis.

Hello. Hello, please speak.

After the divorce of the husband and wife, the store house is used by the woman, and the man has the right to divide the income obtained from the rental of the house.

No. Why do you ask this, since it has been used by the woman, then the woman can enjoy the right to benefit.

Was there an agreement that I couldn't rent it?

No. Rented out before the divorce.

Does it mean that the property right is still the man's?

The title deed is in the name of my ex-wife.

The right to use the property right is one person, so the man has no rights and interests.

Summary. Hello, after the divorce, the husband also enjoys the right to freedom, including freedom to choose a career, freedom to participate in social activities, freedom to make friends, etc. The owner of the right of residence has the right to occupy and use the residence of others in accordance with the contract, so as to meet the needs of living and living.

Thus, in the event of a divorce, a man and a woman may enter into a written contract stipulating that the house is owned by the woman, but that the man has the right to permanent residence. According to 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.

Article 1088 of the Civil Code of the People's Republic of China: Where 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.

If the joint property of the husband and wife is used by the woman after the divorce, what rights does the man have?

Hello, after the divorce, the husband also enjoys the right to freedom, including freedom to choose a career, freedom to participate in social activities, freedom to make friends, etc. The owner of the right of residence has the right to occupy and use the dwellings of others in accordance with the contract, so as to meet the needs of living and living. Thus, in the event of a divorce, a man and a woman may enter into a written contract stipulating that the house is owned by the woman, but that the man has the right to permanent residence.

According to 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 operation of family land shall be protected in accordance with law. Article 1088 of the Civil Code of the People's Republic of China: Where 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.

Does the house also belong to the woman?

It is used by the woman.

Then there is no such right of residence.

It was a store house and rented out.

Then the possession belongs to the woman.

Can the rent be divided?

The rent can't be divided, this belongs to the woman.

That means that this store has nothing to do with the man.

Yes, it belongs to the woman.

It's useless to prosecute, right?

Because the divorce is already considered to be the division of property, it is useless for you to sue.

Legal Analysis: The division of divorce property follows the following principles:

1) The two sides shall decide through consultation. 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. Women should not be discriminated against, it should not be assumed that women should share less because they earn less, and women's rights should be respected and protected when they divorce and divide the property jointly envied by husband and wife.

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. 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.

5) The principle of taking care of 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' voluntary expression of intent to divorce and the consensus on matters such as child support, property, and debt disposition.

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 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.

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.