How to divide property in divorce after marriage

In the case of divorce, the husband and wife may agree on the division and distribution of the jointly owned property. Although they were separated, because they did not go through the divorce procedures, the two were still husband and wife, and the property acquired during the marriage was joint property.

When dividing property, the property managed and used separately by each party shall be owned by each of them. If there is a huge difference in the property divided between the two parties, the party who has obtained the excess property shall compensate the other party with the property equivalent to the difference.

If the parties cannot reach an agreement on the division of the common property, they can go to court to file a lawsuit.

The Notice of the Supreme People's Court on Several Specific Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases by the Supreme People's Court stipulates:

4. The property acquired after marriage that is managed and used separately by the husband and wife in two separate places shall be recognized as the joint property of the husband and wife. When dividing property, the property managed and used separately by each party shall be owned by each of them. If there is a huge difference in the property divided between the two parties, the party who has obtained the excess property shall compensate the other party with the property equivalent to the difference.

The Marriage Act provides:

Article 39: In the event of a 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.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

It is generally discussed by the two people, and it is really impossible to pass the court

According to the actual needs and property ** and other circumstances, the specific treatment can also be different, for the husband and wife living in two separate places, in the division of property separately managed and used by each of the property for their own ownership, the difference in the lead file part by the blind property by the blind property with the property equivalent to the difference to compensate the other party. 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.

Article 1088:Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, they have the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures for the Huai Chaos shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. Article 1089:In the event of divorce, the joint debts of the husband and wife shall be repaid jointly.

Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Division of property in the event of divorce between husband and wife living separately:

1. If there is an agreement, it shall be agreed;

2. If there is no agreement, the personal property shall belong to the individual;

3. The joint property shall be disposed of by agreement between the two parties; If the agreement fails, the people's court shall make a judgment in accordance with the specific circumstances of the property, and Yuheng shall 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.

1. Does the legal marital agreement have legal effect?

A written agreement on property within marriage has the force of law.

According to the provisions of paragraphs 1 and 2 of Article 165 of the Civil Code implemented in 2021, 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.

2. How long after marriage does marital property become joint property?

The legal property acquired by the husband and wife after marriage is generally regarded as the joint property of the husband and wife, including the salary, bonus, production or business income, inheritance income of the husband and wife, etc. However, the spouses may agree on the ownership of the property acquired during the marriage.

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 1065 of the Civil Code.

Paragraphs 1 and 2. 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.

Article 1087 (1)

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 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.