Is it possible to divide property in a divorce, and can property be divided in divorce

Updated on society 2024-07-13
7 answers
  1. Anonymous users2024-02-12

    In addition to the pre-marital property and the fair property belong to the individual, the income of the husband and wife after marriage is the joint property of the husband and wife, which should be divided equally, and the law will appropriately reduce the property distribution of the party at fault, so you should quickly prove that it is due to the fault of the other party now!

    1) Wages and bonuses;

    2) the income from production and operation;

    3) income from intellectual property rights;

    4) Property acquired by inheritance or donation, except as provided for in Paragraph 3 of Article 18 of Marriage;

    5) Other property that shall be jointly owned.

    Husbands and wives have equal rights to dispose of jointly owned property.

    The Marriage Law stipulates that any of the following circumstances shall be the property of one of the husband and wife:

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

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

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

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

    5) Other property that shall belong to one side.

    The law provides that husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be separately or jointly owned or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 17 and 18 of the Marriage Law apply.

    The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

  2. Anonymous users2024-02-11

    This seems to be half of the property if you have been married for more than 3 years

  3. Anonymous users2024-02-10

    Ay! If a man messes around when he has money, it must be your husband's divorce.

  4. Anonymous users2024-02-09

    If you notarize your property before you get married, you can't get money when you get divorced.

  5. Anonymous users2024-02-08

    Legal analysis: Yes, before the division of property, the two parties generally sign the divorce agreement and then go through the divorce registration, and then divide the property according to the agreement, or divide the property according to the judgment of the court. The joint property of Fu Biming, his wife and Qinggao shall be disposed of by agreement between the two parties; 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 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.

  6. Anonymous users2024-02-07

    Legal analysis: The divorce of husband and wife must deal with the issue of division of common property, and if it cannot be dealt with through negotiation, a lawsuit can be filed with the court.

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

    Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

    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 a family to become a tenant;

    3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

    4) 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.

    After the people's court has ruled that the divorce is not allowed, and the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

  7. Anonymous users2024-02-06

    The property that can be divided in divorce is generally when the parties have not agreed that the property during the existence of the marital relationship shall be owned by each other, and the parties need to divide the joint property of the husband and wife at the time of divorce, and the division shall be carried out according to the principle of taking care of the rights and interests of the children, the wife and the innocent party.

    Article 1065 of the Civil Code of the People's Republic of China provides that a man and a woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. 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 the wife to the outside world are known to the counterpart, the personal property of the husband or the wife shall be repaid. 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 agreement between the two parties; 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's land shall be protected in accordance with law.

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First of all, the house and the land. Since you say that they are all in the father's name, there is no doubt that neither of them can be the joint property of the husband and wife. This has little to do with divorce; >>>More