How property is divided, how property is divided

In fact, what needs to be done in the event of divorce is only the division of marital property and not the inheritance after death, which means that in this divorce event, it is only the matter of the parties to the marriage participating in the distribution, and it has nothing to do with which of the children they have. Because the relationship between parents and children is still in place after the divorce, no matter who the girl is with, the other party should pay alimony. As for the boy, because he has been living with his stepmother, the law also recognizes that there is a parent-child relationship between them, although it seems to be unreasonable, but the law stipulates that the stepmother should also have the obligation to pay maintenance until the boy reaches the age of majority.

Of course, this seems to be rare in reality.

Or back to the previous topic, in this division of property, as long as the man and the woman are considered and nothing else, to put it bluntly, even if it is divorced, the legitimate woman has the right to inherit their parents whether they live together or not, and it has nothing to do with how to divide it.

To sum up, if the two houses are considered to be the joint income of the parties during the marriage, they should be divided equally as joint property.

The two houses were the joint property of the father and stepmother, so they had the right to dispose of the two houses in the event of divorce. It has little to do with the two children.

If both parties to the marriage are not at fault, the property should be divided equally between the parties to the marriage and not the children.

Legal analysis: property is divided by agreement between the husband and wife; 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 party who is not at fault. Only joint property belonging to a man and a woman can be divided.

If one party is at fault, the people's court will give appropriate preference to the innocent party when making a judgment.

Legal basis: 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 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.

The division of property is as follows:

1. Principle of division of common property:

The division of common property shall comply with the provisions of the law, and the property belonging to the state or collective, as well as the concealed stolen money and goods, shall not be divided as common property. The division of the house shall go through the transfer registration procedures in accordance with the law.

The division of common property should fully implement the spirit of consultation on an equal footing, harmony and unity. The scope, duration, manner and method of distribution of the common property by the co-owners may be decided through consultation. When the co-ownership relationship is terminated, if the co-owners do not reach an agreement on the division of the common property, it shall be handled in accordance with the principle of equal division, and the co-owners shall consider the size of their contribution to the common property, and give due consideration to the production of the co-owners.

the actual needs of life, etc. In the case of joint ownership, if the co-owners cannot reach an agreement on the division of the common property, the decision may be made by the majority of the co-owners and the co-owners holding more than half of the shares.

The division of common property shall be subject to the provisions of the contract, and if a contract has been concluded between the co-owners in advance to specify the method of division of the common property, the co-owners shall divide the jointly owned property in accordance with the provisions of the contract.

2. Methods of division of common property: The division of common property can be divided in the following three ways according to the requirements of the parties and the nature of the property:

Divide common property by way of substantial division. For the division of common property, when the use value of the common property is not affected and the specific way of using the fire, the common property can be divided in kind, and the common property that can be divided in kind is generally divisible, such as money, grain, cloth, etc.

Divide common property by way of sale division. If the common property cannot be divided or its value is detrimental to its division, and the co-owners are unwilling to accept the common property, the common property may be sold, and the proceeds shall be shared by the co-owners.

Divide common property by way of compensation for value. In the case of indivisible common property, such as a car, a ploughing ox, etc., if one of the co-owners is willing to acquire the common property, the co-owner may acquire the common property. For the value of the common property in excess of its share to it, the co-owner who acquired the common property shall compensate the other co-owners with money.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; When an agreement is not reached, the people's court shall generally follow the following principles based on the specific circumstances of the property:

1. The principle of equality between men and women.

2. The principle of taking care of the interests of children and the woman.

3. The principle of conducive to life and convenient life.

4. The principle of non-abuse of rights.

5. If the property owned by one of the husband and wife is consumed, destroyed, or lost in common life, the other party Xiangshan will not compensate.

[Legal basis].

Article 26 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

The income generated by the personal property of one of the spouses after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation.

Article 27.

Where a house rented by one party before marriage and purchased with joint property after marriage is registered in the name of one party, it shall be found to be the joint property of the husband and wife.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

The inheritance and transfer of real estate requires the payment of inheritance notary fees, house valuation fees and taxes on real estate transfer. Legal heirs (including spouses, children, parents, siblings, grandparents, and maternal grandparents) are not subject to deed tax for inheritance of land and house ownership.

[Extended content].Legal basis: Article 1122 of the Civil Code of the People's Republic of China.

An estate is a personal legal property left behind by a natural person at the time of death.

An inheritance that is not allowed to be inherited in accordance with the law or by its nature shall not be inherited.

Article 1159.

The division of the estate shall pay off the taxes and debts that the decedent shall pay in accordance with the law; However, the necessary inheritance should be reserved for the heirs who lack the ability to work and do not have a livelihood.

Legal Analysis: The method of property division is that the property of the husband and wife is owned by each party. 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.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China 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 shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.