How to divide marital property under the new marriage law

The splitting method is as follows:

Where a house donated by a parent after marriage is registered in the name of the child, it is the child's personal property, and the immovable property purchased by both parents is registered in the name of one of the children, and the real estate may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital, unless otherwise agreed by the parties. Property donated by parents to their children during the marriage shall be regarded as joint property of the husband and wife, unless it is expressly specified in the gift contract that only one of the husband or wife shall belong to the husband or wife.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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.

Marital property. Marital property refers to all kinds of property acquired by either spouse during the existence of the marital relationship. Marital property is not exactly the same as marital property.

For example, the judicial interpretation (3) of the Marriage Law stipulates that the house purchased by one parent for his or her child is the personal property of the child and is not the joint property of the husband and wife.

Decide. Whether the marital property is the joint property of the husband and wife depends on the agreement between the husband and wife and the provisions of the law, as follows:

If the marital property agreement clearly stipulates how the income of the husband and wife shall be distributed after marriage, then the property acquired after marriage shall be distributed in accordance with the agreement;

If there is no post-nuptial property agreement or the agreement is invalid, the provisions of the Marriage Law and the interpretation of the Marriage Law must be followed.

First: the law.

1. If the property acquired after marriage is the joint property of the husband and wife, it shall be provided for in Article 17 of the Marriage Law, including:

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.

2. If the property acquired after marriage belongs to the property of one of the husband and wife, it shall be stipulated in Article 18 of the Marriage Law, including:

1) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

2) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

3) Daily necessities for the exclusive use of one side;

4) Other property that shall belong to one side.

Second, the Marriage Law interprets the provisions.

1.Article 11 of Interpretation 2 of the Marriage Law stipulates that the following property during the existence of the marital relationship shall be the joint property of the husband and wife.

1) Income obtained by one party from the investment of personal property.

2) Housing subsidies and housing provident funds that both men and women actually obtain or should obtain;

3) Pension insurance funds and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.

2.Article 22 of Interpretation II of the Marriage Law provides;

1) Before the parties get married, the parents contributed to the purchase of a house for both parties, and it is clearly stated that the gift to both parties is the joint property of the husband and wife.

2) After the parties get married, if the parents contribute to the purchase of a house for both parties, it is the joint property of the husband and wife.

3.Article 5 of Interpretation 3 of the Marriage Law stipulates that the income generated by the personal property of one of the spouses after marriage shall belong to the joint property of the husband and wife, except for the fruits and self-recognition of appreciation.

4.Paragraph 2 of Article 7 of Interpretation 3 of the Marriage Law stipulates that if the property rights of an immovable property purchased by both parents are registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties according to the share of their respective parents' contributions.

The above situations basically summarize the circumstances that belong to common property, but real life is rich and changeable, and it is impossible to summarize all of them in the above five situations, and the specific situations need to be carefully analyzed and classified. <>

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. But if you are at fault, it doesn't mean that you will "leave the house".

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: if the two parties reach mediation at the time of divorce, they can agree on how to divide the property.

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 new provisions of the Civil Code stipulate that the division of marital property after divorce shall follow the principle of the wishes of the parties, and shall be dealt with preferentially through negotiation, and if the negotiation fails, the following five principles shall be followed: equality between men and women, the principle of equal division, equal rights and equal debts, appropriate consideration of the interests of children and women, and appropriate distribution of property to women. In addition, the emphasis is placed on the party raising the minor, and from the principle of favorable and convenient life, the utility and economic value of the common property cannot be impaired under normal circumstances, for example, indivisible items can be compensated to the other party for consideration.

[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 marital property belongs to the joint property of the husband and wife, and when the property is divided in divorce, one person divides half of the property in accordance with the principle of equality between husband and wife, but if one of the parties is at fault in the marriage, then the fault must also be divided into a part of the property.

In general, the following principles are followed:

It is conducted by consensus and cannot be decided by one party;

to respect and protect women's rights;

If the negotiation fails, the court shall make a judgment based on the principle of taking care of the rights and interests of the children and the woman;

The party who has paid more obligations may request compensation from the other party to pay out of the divided property, and if the divided property is insufficient to pay, it shall be made up from the personal property;

The principle of taking care of the innocent party.

The splitting method is as follows:

If the parents donate a house after marriage and it is registered in the name of their children, it is the personal property of the child, and the immovable property purchased by the parents of both parties is registered in the name of one of the children, and the real estate may be determined to be jointly owned by both parties in accordance with the share of their respective parents' contributions, unless otherwise agreed by the parties. During the period of marriage and the existence of the old man, the property donated by the parents to their children shall be regarded as the joint property of the husband and wife, unless Ming Chongsheng does determine in the gift contract that only one of the husband or wife belongs to the husband or wife.

Legal Analysis:1Where parents donate a house after marriage and register it in the name of their children, it is the personal property of the children. 2.The gift can be revoked before the transfer. 3.The house is inseparable and belongs to the parents.

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) It refers to property that should be jointly owned by him.

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

Legal Analysis:1If a house is donated by a parent after marriage and is registered in the name of the child, it is the personal property of the child. 2.The gift can be revoked before the transfer. 3.The house is inseparable and belongs to the parents.

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 shall be 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.