How to divide property after divorce and how to divide property after divorce

Hello, is it divorced or in the process of being divorced?

If it is in a divorce, it can be negotiated or the court can be asked for a judgment. Depending on the circumstances of the property, 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. If the divorce has already begun, in addition to negotiation, a lawsuit for property disputes after the divorce can also be filed, and if there is an undivided joint property of the husband and wife, it can also be divided according to law.

Relevant legal provisions] Civil Code of the People's Republic of China

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.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1) Article 83: Where, after divorce, one party files a lawsuit with the people's court requesting division on the grounds that there is still property in common with the husband and wife that has not been disposed of, upon review, the property is indeed the joint property of the husband and wife that was not involved at the time of the divorce, and the people's court shall divide it in accordance with law.

According to the Marriage Law of the People's Republic of China:

Article 39: At the time of divorce, the joint property of the husband and wife 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.

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 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together 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 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Therefore, in the event of a divorce, the joint property of the husband and wife is 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 division of property after divorce is determined on a case-by-case basis. The two parties may first agree to divide the joint property, and if the agreement fails, they may file a lawsuit in the court and the court will make a judgment. The pre-marital property of one party, the compensation or compensation obtained by one party for personal injury, and special daily necessities belong to the personal property of one party, Yu Li, and shall remain in the personal possession of one party at the time of divorce and cannot be divided, unless there is an agreement between the parties.

The law stipulates that the parties may agree on the ownership of property, and the agreement is legally binding on both parties.

[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 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 contracted operation of the family's abandoned orange land shall be protected in accordance with law.

After the divorce is divided, the parties may file a lawsuit with the court to request a re-division of the property. However, when redividing property after divorce, it is necessary to bring bridges and pay attention to the law's requirements for the time to file a lawsuit.

1. Where the husband and wife conceal, transfer, sell, or destroy the joint property of the husband and wife, or forge debts resulting in a request for the redivision of the joint property of the husband and wife, the party concerned shall have the right to request the division of the joint property of the husband and wife again within three years from the day after the discovery of the property.

2. Where the joint property of the husband and wife is omitted at the time of divorce, the joint property of the husband and wife may be divided again within three years from the day after the day on which the property is discovered or should be discovered.

3. Where after the divorce requests confirmation of the validity of the property division agreement or repents on the issue of property division, and requests to modify or revoke the property division agreement, the expression "within one year" is deleted from the judicial interpretation of the Marriage and Family Section of the Civil Code.

Legal analysis: The ways to divide property in divorce are as follows: 1. Divide by agreement; 2. Judgment division.

In general, divorce property is divided equally between the man and the woman. If there is a property agreement between the parties before marriage, they can be dealt with as soon as possible. If the agreement between the two parties fails, the court shall make a judgment according to the specific circumstances and in accordance with the principle of taking care of the rights and interests of the child, the woman and the innocent party.

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.

Half of a family, it's fair.

Divorced marital property refers to all property acquired by the spouses during the marriage. It includes wages, bonuses, production and business income, intellectual property income, property obtained from inheritance or gift, and other property that shall be counted as joint ownership obtained during the existence of the marital relationship.

[Legal basis].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 of trousers, except as provided for in item 3 of Article 163 of this Law;

Other property that should be jointly owned.