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In accordance with the provisions of the Marriage Law and the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts (hereinafter referred to as the "Property Division Opinions"), combined with judicial practice, the people's courts shall follow the following principles when hearing divorce cases and dividing the joint property of husband and wife:
1. The principle of equality between men and women. The principle of equality between men and women is not only reflected in the various legal norms of the Marriage Law, but also serves as a guide for the people's courts in handling marriage and family cases. This principle is embodied in the division of property in divorce, that is, the husband and wife have the right to divide the joint property equally and bear the obligation of joint debts equally;
2. The principle of taking care of the interests of children and the woman. The "care" here can not only give the woman an appropriate share of the property, but also allocate a certain property that is particularly needed for life, such as housing, to the woman in terms of the type of property. After all, in terms of customary forces, obstacles caused by the influence of traditional factors, and women's housework burdens and physiological characteristics, after divorce, women are generally weaker than men in finding jobs and earning a living, and they need more help from society.
At the same time, when dividing the joint property of husband and wife, special attention should be paid to protecting the lawful property rights and interests of minors. The lawful property of minors cannot be included in the joint property of the husband and wife for division;
3. The principle of conducive to life and convenient life. The division of joint property in divorce should not be carried out without compromising the utility, performance and economic value of the property. When dividing the means of production in the common property, they should be distributed to the party who needs the means of production and can better play the role of the means of production; When dividing the means of subsistence in the common property, it is necessary to satisfy the professional or professional needs of the individual as much as possible, so as to give full play to the use value of the property.
The indivisible property shall be owned by one party according to the principle of actual needs and beneficial utility, and the dividing party shall compensate the other party according to the actual value at the time of divorce in accordance with the principle of equity;
4. The principle of non-abuse of rights. When dividing the joint property of the husband and wife in a divorce, the property belonging to the state, the collective, or others must not be divided as the joint property of the husband and wife, and the lawful interests of others must not be harmed in the name of dividing the joint property of the husband and wife;
5. Where property owned by one of the spouses is consumed, damaged, or lost during common life, the other spouse shall not compensate for it. This is a summary of judicial practice experience, which meets the requirements of the relationship between husband and wife and the essence of marital life, and is conducive to avoiding unnecessary disputes.
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Hello, as long as it is the joint property of the husband and wife, the woman can share it equally. Family Law Network.
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The three things that must go to the woman after the divorce are as follows:
1. The woman's personal compensation. The compensation obtained by the woman because of the accident, the man does not have any right to divide after the divorce;
2. The house bought by the woman's parents after marriage is the woman's personal property, and the man cannot ask for division after the divorce;
3. The property given to the woman in the will, if the elderly in the family has made a clear will to give the property to the woman before his death, this property cannot be divided.
Civil Code of the People's Republic of China
Article 1087.
In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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 woman, and the party who is not at fault.
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 thousandth and eighth cherry blossom calls eighteen.
If one of the spouses has 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.
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If there is no recovery, it may be recommended to sue for divorce, and the non-at-fault party can accept more than one share of the property when the property is divided. "Children under the age of two generally live with their mothers". The mother may also live with the father if she has one of the following circumstances:
1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them; (2) The father requires the child to live with him/her; (3) The child is unable to live with the mother due to other reasons. In addition, if both parents agree that a child under the age of two years will live with the father and there is no adverse effect on the child's healthy growth, it may be permitted. For children over the age of two years, both the father and the mother request to live with them, and one of the parents may be given priority in any of the following circumstances:
1) Have undergone sterilization or have lost their fertility due to other reasons; (2) The child has lived with the child for a long time, and changing the living environment is obviously detrimental to the healthy growth of the child; (3) There are no other children, and the other party has other children; (4) The child lives with him/her, which is beneficial to the child's growth, but the other party suffers from an infectious disease or other serious disease that cannot be cured for a long time, or has other circumstances that are not conducive to the child's physical and mental health, and it is not suitable to live with the child. (5) The conditions for the father and the mother to raise the child are basically the same, and both parties require the child to live with the child, but if the child has lived alone with the grandparent for many years, and the grandparent requires and has the ability to help the child take care of the grandchild, it may be considered as a priority condition for the child to live with the father or mother. If the child is a minor who has reached the age of 10 and there is a dispute between the parents that the daughter should live with the father or the mother, the child's opinion shall be taken into account in accordance with the provisions of Article 5 of the above-mentioned Opinions.
Article 1087 of the Civil Code stipulates 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.
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The woman files for divorce, and the property is distributed on the basis of: 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 personal property of one of the spouses shall not be divided in accordance with the law at the time of divorce and shall remain in the possession of the individual.
Article 1087 of the Civil Code stipulates 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 shall, on the basis of the specific circumstances of the property, make a judgment in accordance with the principle of taking care 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.
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Legal analysis: property can be distributed, but if the other party has evidence, the woman may share less property.
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