How is personal property divided after divorce?

Legal analysis: According to the laws and regulations of our country, it is necessary to analyze the specific situation, if one party's personal property belongs to the individual, if there is a prenuptial agreement, it shall be executed in accordance with the prenuptial agreement, and if the husband and wife have joint property, the two parties shall negotiate, and the judgment shall generally be made in accordance with the principle of taking into account the rights and interests of the children, the woman and the innocent party. If 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.

Legal basis: Civil Code of the People's Republic of China

Article 1062:The following property acquired by husband and wife during the existence of their 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 proceeds of 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 dispose of joint property.

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

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

5) Other property that shall belong to one side.

Article 1087: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.

Article 1088:Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, they have 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.

Hello, from the perspective of judicial practice, under normal circumstances, personal property is still owned by the individual after marriage, of course, if there is an agreement, it should be handled in accordance with the agreement.

Hello, if one party's personal property is owned by the individual, if there is a pre-nuptial or marital property agreement, it shall be executed in accordance with the agreement.

You can communicate with us for details, and a home-to-home lawyer will provide you with professional answers.

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

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

5) Other property that shall belong to one side.

Under normal circumstances, the individual's will be directly assigned to the individual, and the special situation will be analyzed on a case-by-case basis.

When a husband and wife divorce, all personal property before marriage shall belong to each of them, and if the husband and wife have agreed to divide it according to the agreement.

It is best to divorce by agreement, so that everyone in the family does not suffer.

Pre-marital property cannot be divided. Community property can be divided after marriage.

It is best to consult a lawyer.

Divorced personal property is generally not divided, unless otherwise agreed. According to the relevant laws and regulations, in the event of divorce, the personal property of one party shall not be divided. However, if the husband and wife agree on a plan for the division of personal property, it shall be implemented in accordance with the agreement.

[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 separately or partly jointly owned. 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.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally 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 counterpart, the personal property of the husband or wife shall be repaid.

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 the husband or wife in the contracting and management of family land shall be protected in accordance with law.

According to the law, the criteria for calculating personal property after divorce are: the pre-marital property of one party; compensation or compensation received by a party for personal injury; Property that is determined in a will or gift contract to belong to only one party; daily necessities for one party; Other property that should belong to one party.

[Legal basis].

Article 1062 of the Civil Code 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) the proceeds of 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 dispose of joint property.

Article 1063:The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; 2) Compensation or compensation received by one party for personal injury; (3) Property that is determined to belong to only one party in the will or the gift contract of the imitator; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side. Hunger.

1. The concept of premarital property.

Pre-marital property refers to property acquired by one of the spouses before the marriage. It includes property obtained from personal labor before marriage, inherited or donated property, and other legal property. The pre-marital property of one of the spouses, whether movable or immovable, tangible or intangible, is protected by law as long as it is lawfully acquired.

2. Precautions for premarital property.

1. The key to judging whether it is premarital property is that the time of acquisition of property rights is before marriage. If the right to property was acquired before the marriage, but the property was actually taken after the marriage, it is in the nature of pre-marital personal property.

2. The pre-marital property of one of the spouses shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties.

3. Where personal property before marriage is naturally damaged, consumed, or lost during 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.

3. How to divide personal property before marriage in divorce?

In practice, the division of premarital property mainly includes the following situations:

1. If the husband and wife agree in writing on who owns the property, or orally in oral form, and there is no dispute between the two parties, the divorce shall be handled according to the agreement. However, the agreement to circumvent the law is invalid.

2. The property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife, and the principle of disposing of the joint property shall be followed when dividing it.

3. During the existence of the marriage relationship, the demobilization and transfer expenses received by demobilized and demobilized servicemen shall be divided according to the joint property of the husband and wife if they have been married for more than 10 years.

The medical allowance and the production allowance brought back by the demobilized servicemen from the army shall belong to them.

4. The property acquired after marriage that is managed and used separately by the husband and wife in two separate places shall be recognized as the joint property of the husband and wife. When dividing property, the property managed and used separately by each party shall be owned by each of them.

If there is a huge difference in the property divided between the two parties, the party who has obtained the excess property shall compensate the other party with the property equivalent to the difference.

5. If you have registered your marriage and have not yet lived together, the gifts and gifts received by one or both parties shall be recognized as the joint property of the husband and wife, and the specific handling shall be considered in the case of reasonable division of property and quantity.

In principle, the property purchased and used by each of them shall belong to each of them.

In the event of a divorce, personal property does not need to be divided. According to the law, 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 husband and wife can only divide the joint property, and the part of the personal property does not need to be divided, but directly belongs to each other.

If the husband and wife can reach a consensus on the division of common property, they may divide it by agreement, and if they cannot reach an agreement, they may divide it through litigation and directly go to the people's court to file a civil lawsuit, and after the people's court files the case, it will make a reasonable plan for the division of the joint property in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party, and determine the amount to be shared by the husband and wife.

Legal basis: Civil Code of the People's Republic of China

In the case of divorce of the husband and wife, 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 the husband or wife in the operation of the family land in the carnet shall be protected in accordance with law.

Article 39 In the event of 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 and wives in the contracting and operation of family land shall be protected in accordance with law. Article 41 At the time of divorce, the debts originally incurred by the husband and wife in their common life 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. Article 42 In the event of a divorce, if one party is in difficulty, the other party shall provide appropriate assistance from his or her personal property, such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Article 47 If, at the time of divorce, one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a small or no share of the property. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again. The people's courts are to sanction the conduct provided for in the preceding paragraph in obstructing civil litigation in accordance with the provisions of the Civil Procedure Law.