How should the property be divided in the event of a divorce

When a husband and wife divorce, they shall divide the property according to the actual situation. In the event of divorce, the parties do not need to divide the personal property of one of the spouses, and this part of the property shall be directly owned by the individual; With regard to the joint property of the husband and wife, the two parties may divide it according to their common wishes and directly reach an agreement on the division of the joint property, and if the parties fail to reach an agreement on the division of the joint property, the people's court shall make a judgment, and the people's court will make a judgment in accordance with the actual situation of the joint property.

Laws. Article 1063 of the Civil Code of the People's Republic of China The following property is 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.

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

1. The joint property of 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 the individual are generally owned by the individual.

2. The joint property managed and used by the husband and wife separately in two places shall be owned by the management and user party when divided; 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 the custom after the marriage has been registered, or the payment before marriage causes the payer to have difficulties in life, the other party may be requested 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 occupation 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 of the occupation 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 from the 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 house owner at a discount.

Legal analysis: If the husband and wife divorce and there is an agreement on the joint property of the husband and wife during the marriage, it may be distributed according to the agreement; if there is no agreement, it shall be handled by agreement between the two parties; If one party bears more obligations for raising children, taking care of the elderly, etc., it may request the court to give a certain amount of compensation, and if one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, the other party may request the court to share less or part of it.

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

Article 1065.

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 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 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.

Hail of 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.

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. 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 1091.

In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:

a) bigamy; cohabitation with others;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

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.

Legal analysis: (1) The two parties decide through consultation. The division of property between the husband and wife in the event of divorce shall be carried out by both parties on the basis of the principle of consensus, and cannot be decided by one party.

2) Equality between men and women. Women should not be discriminated against, and women's rights should be respected and protected when dividing the joint property of husband and wife in divorce.

3) Take care of the rights and interests of children and women. If the negotiation fails, the people's court shall make a judgment based on the specific situation of the property and the principle of taking care of the rights and interests of the children and the woman.

4) The principle of compensation. If one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

5) The principle of taking care of the innocent party. It should be noted that in the event of divorce, the adult woman does not have the right to divide the property of her parents, but the parents themselves can give it to their children.

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 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.