How to divide the property of the husband and wife in divorce, and how to divide the property in the

1.In the division of joint property, both parties shall have equal rights to divide the joint property equally;

2.At present, there is still a certain gap between the economic conditions of women and men in our country, and the interests of women and children should be properly taken into account in the division of property, and the party raising minor children should be appropriately given more property;

3.If one of the parties commits bigamy, cohabitation with another person, domestic violence or abuse, or abandonment of a family member, the innocent party has the right to claim damages. But if there is a fault, it does not mean that you will "leave the house";

4.At the time of divorce, the economic interests of the husband and wife should be settled, such as: the contribution of both husband and wife to housework and raising children, the decline of the living standard of one party after divorce, and the proper placement of the change of ward after divorce, etc.;

5.Respect the wishes of the parties and the principle that property agreement precedes the law: if the parties reach mediation at the time of divorce, they can agree on how to divide the property.

If the husband and wife divorce, the property shall be taken according to the specific circumstances. When the husband and wife divorce, they can only divide the joint property of the husband and wife, and the parties have no right to divide the other property, and when dividing the property, they shall separate the other property, leaving only the joint property of the husband and wife, and then divide it.

[Legal basis].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.

Division of marital property after divorce: 1. If there is an agreement, the division shall be carried out according to the agreement. 2. If it is personal property, it belongs to the individual.

3. If it is joint property, it shall be handled by agreement between the two parties. If an agreement is not reached, the people's court 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 based on the specific circumstances of the property.

Article 1087 of the Code of the People's Republic of China on the Civil Bi Cong Sui provides that in the event of a 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 husband or wife's rights and interests in the contracting and management of family land shall be protected in accordance with law.

The joint property relationship between husband and wife is based on the existence of the marital relationship, and when the marriage relationship is dissolved, the joint property is divided.

It can be distributed by agreement, and if the agreement is not reached, it can be divided equally through litigation proceedings, and the joint property of the husband and wife is generally equally distributed.

Article 17 of the Marriage Law stipulates that: "The following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) Income from production and operation;

iii) Proceeds from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

(v) Other property that shall be jointly owned".

In the case that some spouses buy a car and a house for Xiao S, how to distribute the divorce property of the husband and wife? In such a case, the spouse has every right to claim restitution.