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

Legal analysis: When the husband and wife divorce, the division of property is distributed by agreement between the two parties, and if the agreement is not reached, the people's court shall make a judgment according to 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: 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. 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 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; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Legal analysis: The distribution of inherited property in divorce is as follows: The law stipulates that the inherited or donated property obtained by both parties during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife.

However, unless there is a clear indication that it is owned by one of the parties, if it is expressly stated that it is owned by one party, it belongs to the personal property of one party and cannot be divided in the event of divorce. Legal basis: Article 1123 of the Civil Code of the People's Republic of China After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 Inheritance shall be in the following order: (1) first order: spouse, children, parents; (2) Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

The distribution of property after divorce is also different according to the nature of the property, and the specific content is as follows:

1. Joint property of husband and wife:

1) Generally, it should be divided equally, and the specific treatment can also be different, and it belongs to personal items, which are generally owned by individuals;

2) The joint property of the husband and wife who live separately and manage and use them separately shall be owned by the management and user party when divided;

3) In the case of a significant difference, the party who has acquired more property shall compensate the other party with the property equivalent to the difference;

2. Both parties have repaired the house owned by one party before marriage

The share of the multiplication that belongs to the other party shall be compensated to the other party at a discounted price by the owner of the house;

3. Property obtained through marriage:

At the time of divorce, if the marriage has not been long, or if the other party has difficulties in living due to the request for property, it can be returned as appropriate;

4. Natural damage to personal property before marriage in common life after marriage:

Where one party requests compensation with the joint property of the husband and wife at the time of divorce, it is not supported;

5. The property between husband and wife can be disposed of through negotiation between the two people, and if the negotiation fails, the court may make a judgment according to the actual situation.

Legal basisArticle 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) the proceeds of intellectual property rights;

(4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law;

(5) Other property that shall be jointly owned.

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

Legal analysis: 1. "Premarital property of rural couples", which is easy to understand, that is to say, before the marriage of a man and a woman, they have bought a car, bought a house or built a house in the countryside, which is all personal property. 2. "After the death of the parents, the will determines the property inherited by the man and the woman", whether in the countryside or in the city, after the death of the parents, the property during the lifetime is inherited by the children, such as:

The woman is a one-child family, and after the parents have been 100 years old, the will determines that the property belongs to her daughter, so the man's side cannot distribute it, and it belongs to the woman's personal property. 3. "The property given by parents to their children", in rural areas, there are indeed some parents who take out all their savings because of their son's marriage needs, and go to the city to buy a house, and the house that the parents spend money to buy, the property right registration is the name of the child, then in this case, it will be regarded as the property given by the parents to the children, which belongs to the individual, no matter who is responsible, for what reason the divorce, one party has no right to divide, if the parents give the down payment, the husband and wife repay the loan together after marriage, this situation is different, for example, The man's parents gave the down payment, the property right was registered in the son's name, and the husband and wife repaid the loan together after marriage, then the property right of the house is still owned by the man, and the woman can only get part of the compensation. 4. "Daily necessities for husband and wife", after men and women get married, they will have their own daily necessities, such as:

The clothes worn by the man. Shoes and so on, ......, cosmetics, jewelry, etc., used by the woman, etc., ......, are personal property, of course, if it is a very valuable item, then dispose of it separately. 5. "Compensation or medical expenses for one of the husband and wife, etc.", in rural areas, many farmers are engaged in high-risk, polluting occupations outside, if during the work period, the husband has an accident, and the company gives a compensation in accordance with the regulations, then this money, at the time of divorce, belongs to the property of a Liang Lack of people, and the woman has no right to divide it, after all, it involves the man's life and subsequent life problems, which is also very reasonable.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

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 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

If the husband and wife do not make a special agreement on marital property, the property obtained by both husband and wife after marriage belongs to both husband and wife, but there are some exceptions in the law, such as compensation for medical expenses received by one of the spouses for bodily injury, demobilization expenses received by demobilized soldiers, and property donated by one parent to only one spouse. In the event of divorce, the joint property of the husband and wife shall be half of the husband and wife, but the pre-marital property of the individual and the property of only one person obtained after the marriage shall not be distributed as the joint property of the husband and wife, but can only be enjoyed by one of the husband and wife.

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Husband and wife have equal rights to dispose of and dispose of the property jointly owned by the husband and wife, and the husband or wife has equal rights to dispose of the property jointly owned by the husband and wife.

Definition of community property:

The property acquired by both spouses or one of the spouses during the existence of the marital relationship is called the joint property of the husband and wife, and is jointly owned and disposed of by the husband and wife. The joint property of the husband and wife mainly includes the following property:

1) Salaries, bonuses, allowances, and other wage income of both spouses or one of the spouses;

2) Income from the production or business operations of both husband and wife or one of them;

3) Proceeds received by either spouse or one of the spouses through their intellectual property rights. refers to the property gains actually obtained or can be obtained during the existence of the marital relationship between husband and wife;

4) Property inherited or donated by both spouses or one of the spouses, except for property that is determined in the will or gift contract to belong to only one of the husband or wife;

Marriage Law (2001 Amendment) Article 18 [Property of one of the husband and wife] In any of the following circumstances, it shall be the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

According to Article 39 of the Marriage Law, the joint property of the husband and wife shall be disposed of by agreement of both parties in the event of divorce; 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.

Hello: China's "Marriage Law" and its judicial interpretations have made it clear that if there is no agreement between the husband and wife on marital property or the agreement is invalid, it shall be jointly owned by the husband and wife, and it shall be divided according to law at the time of divorce. But at the same time it is stipulated:

Where, at the time of divorce, one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a smaller share or no share when dividing the joint property of the husband and wife.

After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

People's courts are to sanction conduct that obstructs civil litigation as provided for in the preceding paragraph in accordance with the provisions of the Civil Procedure Law. ”

Judicial Interpretation 3 of the Marriage Law (in the process of soliciting comments) "Article 16: During the existence of a marital relationship, where one of the husband and wife as the heirs may inherit an inheritance in accordance with law, but has not been actually divided between the heirs, and the other party requests to divide the joint share of the estate at the time of divorce, the people's court shall not handle it. Where, after a divorce, the inheritance is divided among the heirs, and the other party requests to divide part of the property inherited by the former spouse, the people's court shall support it. ”

According to the above provisions, the joint property of the husband and wife that has not been disposed of can be divided by filing a lawsuit of "post-divorce property dispute" after divorce to the court in accordance with the law.

During the existence of the marital relationship, the joint property shall be divided equally, and the personal property shall be owned by the individual if it can be proved to be personal property, and the joint property of the husband and wife shall be distributed if it cannot be proved. Of course, it can also be resolved by consensus. If you have children, you should take into account child support and so on.

The property is considered joint property after 8 years, and other items are generally joint property after 4 years. Split in half.

Where it is common property, it is disposed of in accordance with the principle of equal distribution. Personal property is not distributed before marriage.

The principle of equal division of common property is adopted. Pre-marital property is not involved in the division.

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In principle, the joint property of the husband and wife is divided equally.