My parents want to divorce, how do I divide the property?

The house should be the joint property of the husband and wife after marriage, and if the divorce is generally divided equally, the beating is of course domestic violence.

If the house is bought after marriage, it should be considered the joint property of the husband and wife, and it should be divided, and if it is pre-marital property, it should belong to the mother.

The house is joint property after marriage and should be divided between the parties in the divorce. This is domestic violence.

First of all, it depends on who is at fault, and the party at fault has a small part of the property, no matter whose name the house is, who buys it, it is the joint property of the husband and wife during the existence of the relationship, and if the marriage is dissolved, it is not clear which party is at fault, and it will be divided equally, or to see who pays a little more for the house, depending on the specific situation of your family, you say this too generally.

1) The joint property of the husband and wife shall generally be divided equally. In other words, the joint property of the husband and wife is, in principle, divided equally; According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different. Items that belong to the exclusive use of individual numbers are generally owned by individuals.

2) The joint property managed and used by the husband and wife separately in two places shall be owned by the party who manages and uses it separately when dividing it; In the case of a significant difference, the party who has acquired the excess property shall compensate the other party with property equivalent to the difference.

3) If the bride price is paid in accordance with custom after the marriage has been registered and the bride price is paid in accordance with customs, or if the payment before marriage causes the payor to live in difficulty, the other party may request the other party to return the bride price at the time of divorce.

4) If one party operates in partnership with another party with the joint property of the husband and wife, the property of the tenant may be owned by one party, and the party who has a share of the property shall give compensation equivalent to half of the value of the property to the other party.

5) For the breeding and planting industries that are jointly operated by the husband and wife in the current year, they should be reasonably divided or discounted in consideration of being conducive to the development of production and business management at the time of divorce.

6) The two parties have repaired, renovated, demolished and built the house owned by one party before the marriage, and the property rights have not been changed at the time of divorce, and the share of the multiplication part belonging to the other party shall be compensated by the owner of the house at a discounted price.

7) Property obtained through marriage, such as the fact that the marriage has not been long, or the other party's life is difficult due to the request for property. It can be returned as appropriate. Where it is difficult to determine whether the nature of the property obtained is a request or a gift, it may be handled as a gift.

8) The house jointly owned by the husband and wife that is not suitable for division and use shall be divided among one party according to the housing situation of both parties and the principle of taking care of and raising children or the party who is not at fault. The party who has been allotted the house shall compensate the other party equal to half the value of the house. The woman should be taken care of when both parties are on the same terms.

9) If the intellectual property rights owned by one party at the time of divorce have not yet obtained economic benefits, the other party shall be given appropriate consideration according to the specific circumstances when dividing the joint property of the husband and wife.

10) Where personal property before marriage is naturally damaged, consumed, or lost in 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.

What are the specific provisions on the division of parental property in divorce?

Legal analysis: In the event of divorce, the property of the parents cannot be divided, but only the joint property of the husband and wife. According to the laws and regulations of our country, 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.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China provides that 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.

In the event of divorce, the property of the parents cannot be divided. Divorce can only divide the joint property of the husband and wife, as well as the personal property that the parties have agreed to divide. According to the relevant laws and regulations, after the divorce, the personal property of one party shall not be divided, unless otherwise agreed by the parties.

If the agreement fails, 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 wife and the innocent party.

1. What is the principle of division of property?

The principles of property division are:

1. Unless otherwise agreed, the personal property of one party shall not be divided and disputed;

2. Joint property of husband and wife. Where the two parties agree to divide the property and the 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;

3. The principle of equality between men and women;

4. Other principles.

2. Can a divorced woman go out of the house?

In general, a woman who divorces by mutual agreement is not allowed to leave the house. Unless otherwise agreed by the parties. In accordance with the relevant laws and regulations, personal property shall not be divided after divorce, unless otherwise agreed by the parties.

The joint property of the husband and wife is to be divided by agreement between the parties, and if the agreement is not reached, the people's court shall make a judgment on the basis of 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.

3. What is a divorce and property separation?

The division of property in a divorce generally refers to the separation of property in a divorce. According to the relevant laws and regulations, where a man and a woman divorce, the personal property shall not be divided, unless otherwise agreed, and the joint property shall be divided by agreement between the parties, and if the agreement is not reached, the people's court shall make a judgment in accordance with 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 divorce of the spouses does not involve the question of how to divide the property of the parents of the spouses. First of all, the parties can only ask for division of the joint property of the husband and wife in the divorce. When dividing property, first, it is necessary to determine that the property is indeed the joint property of the husband and wife; The property of either parent has nothing to do with the husband and wife, and the divorce does not participate in the division.

Second, if one of the spouses and one of the parents jointly owns the property, it is also necessary to determine the nature of the property and whether part of the share belongs to the joint property of the husband and wife, but it should be noted that because in a divorce dispute, the parties are only husband and wife, and the property involving outsiders usually cannot be handled in the divorce case, and a separate lawsuit is required. If the two parties can agree on the divorce and can reach an agreement on the division of property, they can handle the share of the joint property of the husband and wife together, but they cannot dispose of the property of others either, otherwise it will be found that they have no right to dispose of it, giving rise to other disputes.

Article 1087 of the Civil Code of the People's Republic of China provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; 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 innocent party. The rights and interests enjoyed by the husband or wife in the contracting and operation of family land shall be protected by the Sobi Department in accordance with law.

If it is a peaceful breakup, then the parents can divide the property equally, if one party is at fault or one party is willing to take care of it, the other party can also divide the property according to the agreement, and if the fault is serious, the other party can leave the house.

It is the joint property of the husband and wife, which can be settled through negotiation, and if it is the personal property of one party before the marriage, it is still held by the original holder after the divorce.

After the divorce, the property is divided according to the negotiation between the two parties, and the marital property is jointly owned by both husband and wife, and it should also be divided in half.

Handling of the transfer of the demolished divorced property to the parents: If it is determined that the demolished property belongs to the husband and wife, the consent of the other party must be obtained, otherwise it is invalid, and the other party may claim that the transferring party does not divide or share less when dividing the joint property; If it is determined that the demolished property belongs to one party, the individual is free to transfer the property to his parents, and the other party has no right to interfere.

Three-sparrow socks, before the prosecution.

If one party discovers that the other party has hidden, transferred, sold, damaged, or squandered the joint property of the husband and wife, or forged the joint debts of the husband and wife during the division of property in the divorce one year before the lawsuit, he or she may file a lawsuit with the court to request a redivision of the property.

Money given to parents without knowing that it is a transfer of property. If it is money that belongs to an adult child to support his or her parents, it is not a transfer of money, and this obligation to support includes respect, care and care for the parents in life, spiritually and emotionally, as well as the financial provision of necessary daily necessities and expenses for the parents. If one of the spouses is paying money to his or her parents as a means of supporting his or her parents, giving money is not considered a transfer of property.

Second, if a large amount of money is given to the parents in excess of the maintenance obligation, it is very likely that the joint property of the husband and wife is being transferred or concealed without other reasonable reasons.

Article 1062 of the Civil Code of the People's Republic of China.

The following property acquired by the husband and wife during the marriage 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.

Article 1092.

Where one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the other party may receive a small or no share of the joint property of the husband and wife when the divorce divides the joint property of the husband and wife. 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.