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

Division of property in case of divorce:

1. The personal property of one party generally cannot be divided, unless otherwise agreed by the parties;

2. Where the joint property of husband and wife is generally distributed by themselves, and the two parties cannot reach an agreement through consultation, 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.

[Legal basis].

Article 1065 of the Civil Code of the People's Republic of China.

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.

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.

With regard to the divorced property of the husband and wife, the husband and wife shall divide the property in accordance with the agreement if there is an agreement, and if there is no agreement, the property shall be divided in accordance with the divorce agreement or the divorce judgment of the people's court, and the judgment of the people's court shall be based on the principle of taking care of the rights and interests of the children, the woman and the innocent party. However, if it is the personal property of one of the spouses, it does not participate in the division.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China.

If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply in person to the marriage registration office for the divorce to be recorded. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

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 the husband or wife in the contracting and operation of the family's land shall be protected in accordance with law. Article 1089:In the event of a 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. Article 1063: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 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment; (Sanhui Roll) the income of intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.