Distribution of property and children, how to divide the property of the husband and wife in divorce

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. If there is an agreement between the parties on the ownership of the custody of the child, the custody of the child shall be determined in accordance with the agreement, and if there is no agreement or the custody of the child cannot be agreed upon, a lawsuit may be filed with the court to determine the ownership of custody.

The joint property of the husband and wife is not related to the children.

The property of the husband and wife in divorce shall be divided by agreement of the husband and wife; If the agreement is not reached, the people's court shall make a judgment. If a child under the age of two is in the custody of the woman, and the child has reached the age of two, the parents shall negotiate, and if the negotiation fails, the people's court shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.

[Legal basis].

Article 1084 of the Civil Code of the People's Republic of China.

The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

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.

Questions. Hello, may I ask if both parties in the divorce are fighting for custody. It was a girl who was three years old.

Hello, I am a lawyer at Yinghe Law Firm, and I will give you an answer after reading your question.

The husband separates on his own for two years, but pays monthly fees for his sister-in-law. The girl is currently living with the woman.

Both parties are not morally at fault and both have the financial means to raise the child.

Hello, may I ask if both parties in the divorce are fighting for custody. It was a girl who was three years old.

Hello, I am a lawyer at Yinghe Law Firm, and I will answer you after I finish reading your question. It was a girl who was three years old.

Hello, I am a lawyer at Yinghe Law Firm, and I will answer your question after reading it. Hello, I am a lawyer at Yinghe Law Firm, and I will answer your question after reading it

Hello, may I ask if both parties in the divorce are fighting for custody. It was a girl who was three years old.

Hello, I am a lawyer at Yinghe Law Firm, and I will answer you after I finish reading your question. It was a girl who was three years old.

Hello, I am a lawyer at Yinghe Law Firm, and I will answer you after I finish reading your question. It was a girl who was three years old.

Hello, I am a lawyer at Yinghe Law Firm, and I will answer you after I finish reading your question. It was a girl who was three years old.

Hello, I am a lawyer at Yinghe Law Firm, and I will answer you after I finish reading your question. It was a girl who was three years old.

Hello, I am a lawyer at Yinghe Law Firm, and I will answer your question after reading it

Marriage Law of the People's Republic of China.

Article 36: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Article 37: After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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 40: Where husband and wife agree in writing that property acquired during the existence of the marital 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., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

How to divide the property and children in the divorce of the husband and wife.