Can the children also get the distribution of property in the divorce?

I'm a law major, and although I'm not in the professional industry, I hope that my little wisdom can be helpful to you, first of all. Article 17 of the Marriage Law clearly stipulates the joint property of the husband and wife during the existence of the relationship, and states that "the husband and wife shall have equal rights to dispose of the jointly owned property. Specifically, it includes the following two aspects:

1. During the existence of the relationship between husband and wife, as long as it is the joint property of the husband and wife, regardless of the size of its contribution to the income of the property, both husband and wife have equal rights to possess, use, benefit and dispose of it.

2. At the time of divorce, as long as it belongs to the joint property of the husband and wife, the right to divide the joint property is equal, but this does not mean that it is divided equally.

1. According to the first paragraph of Article 39 of the Marriage Law, "in the event of divorce, the joint property of the husband and wife shall be disposed of by both parties through consultation", that is to say, the division of property between the husband and wife at the time of divorce shall be carried out by both parties under the principle of consensus, and cannot be decided by one party.

2. In accordance with the principle of "equality between men and women" stipulated in the first paragraph of Article 2 of the Marriage Law, women cannot be discriminated against, and it is believed that women should share less if they earn less, and that women's rights should be respected and protected when dividing the joint property of husband and wife in divorce.

3. If the negotiation fails in accordance with the provisions of paragraph 2 of Article 39 of the Marriage Law, 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. According to Article 40 of the Marriage Law, "if one party has paid more obligations for 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 make compensation." "It means that when dividing the marital property in accordance with the law, the party who has paid more obligations may claim compensation from the other party, and the compensation shall be paid from the divided property, and if the divided property is insufficient to pay, it shall be made up from his or her personal property.

5. The principle of taking care of the innocent party. If the relationship between the husband and wife breaks down due to the fault of one party and the divorce is caused, the innocent party has the right to claim compensation for marital damages. Article 46 of the Marriage Law stipulates that "if any of the following circumstances leads to divorce, the innocent party shall have the right to claim damages":

1) Bigamy.

2) A person who has a spouse cohabits with another person.

3) Committing domestic violence.

4) Abusing or abandoning family members.

I believe that the above relevant laws and regulations will be helpful to you, and the child support expenses and housing issues you mentioned should be reasonably determined by the court.

According to the relevant provisions of the Marriage Law, children cannot share the property between husband and wife Without evidence to prove that it is an extramarital affair, it may be difficult to obtain damages The procedural law stipulates that whoever asserts the claim shall provide evidence You have no evidence The court may not support your claim But as you said, the woman has no life** I believe that the court will appropriately divide more property to the woman Regarding the issue of children, because the child is the child of both parties, the obligation to support the child will not not exist because of the disappearance of the marriage relationship, in other words, if the child lives with the woman The man still has a maintenance obligation, so he has to pay child support, and that's absolutely fine.

The divorce divides the joint property of the husband and wife, including the children.

Child support is for children, not adults.

In the case of extramarital affairs, it should be proved that the husband is at fault, otherwise the property is still divided according to law.

If the property is not just before the marriage, the party at fault should give half of the property to the children after the divorce.

Another: If the woman has no living security, she still has to fight for custody.

The distribution of property in the case of divorce between husband and wife is as follows: if there is an agreement between the parties on the ownership of property, it shall be handled in accordance with the agreement; If there is no agreement, the personal property of one party shall remain owned by one party in the event of divorce; For the joint property of the husband and wife, the parties negotiate how to divide it by themselves, and if the negotiation fails, they can sue the court for a judgment, and the court will make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party.

Note that the following principles should be followed when negotiating the division of property:

1. The principle of equality between men and women.

2. The principle of protecting the legitimate rights and interests of women and children.

3. Take care of the principle of the innocent party.

4. The principle of respecting the wishes of the parties.

5. Conducive to production, convenient life and other principles.

The custody of the child is handled according to the following criteria:

1. If the child is under the age of two, the woman will generally raise the child. The child shall be raised by the man if the woman has any of the following circumstances, or if the parties have agreed that the man will raise the child:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. If the child is over two years old, the two parties shall negotiate on their own who will raise the child, and if the negotiation fails, the court shall make a judgment, and the court will make a judgment according to the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. If.

Where children have reached the age of 8, their true wishes shall be respected.

3. When the court decides custody, if both parties want custody of the child, one party may give priority to this party if the following circumstances exist:

1) Have undergone sterilization or have lost their fertility due to other reasons;

2) There are no other children, and the other party has other children;

3) The conditions for raising children are basically the same, but the children have lived alone with their grandparents for many years, and the grandparents request and have the ability to help the children take care of their grandchildren.

Legal basis] Article 1084 of the Civil Code, the relationship between parents and children shall not be extinguished by the divorce of 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.

Legal analysis: 1. If the parents divorce, the property will be divided equally between the two parties after marriage. 2. Even if the child pays his salary to the family, the child will not receive the property when the parents divorce.

3. If the parents divorce before and after the marriage of the child, and the mother uses the household appliances and other items that the mother has saved for the child to buy, this is considered a gift from the parents to the child, and the parents will not divide this part of the property when they divorce Legal basis: Article 1076 of the Civil Code of the People's Republic of China If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne 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. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

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.

Legal analysis: the property of the husband and wife is divided in divorce, the joint property is divided equally, and the property of the husband and wife before marriage is owned by each other. If there is no agreement or there is no agreement on the custody of the child, a lawsuit may be filed with the court to determine the ownership of custody.

The court will determine custody based on the actual circumstances of both parties and the principle of being conducive to the child's growth.

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 agreement between the two parties; If the agreement fails, the people's burying 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 innocent party.