Legal provisions on the division of property after divorce

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 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) income from 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.

If one of the spouses bears 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.

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.

In the event of a divorce, if one party is in financial difficulty, the other party who can afford it should provide appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The following property is the personal property of one of the spouses:

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.

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

The legal provisions for the division of property in divorce are as follows:

1. If the law on the division of property in divorce is agreed upon by both parties, it shall be handled in accordance with the agreement;

2. If the 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 innocent party;

3. If one party has major faults that lead to the divorce, the other party may file for divorce damages.

What is pre-marital property.

The following are pre-marital assets:

1. Premarital deposits belong to premarital property, there is no dispute, and it is not difficult to prove.

2. In the case of pre-marital real estate, if the property right registration has been completed before the marriage and is in your own name, then there is no disputed property ownership of the property after the marriage, and the property of the husband and wife is different from the property relationship between the general subjects;

3. If the pre-marital income invested before marriage is determined to be pre-marital property, it is contradictory to the acquisition after marriage; If it is characterized as post-marital property, it is unfair to be the opposite of the pre-marital investment of one party.

[Legal basis].Article 1091 of the Civil Code of the People's Republic of China.

If there is one of the following circumstances, resulting in divorce, the innocent party has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

1. The division of property shall be based on the principle of priority by agreement, and if the agreement is not reached, the personal property shall not be divided, and the common property shall be judged by the people's court 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;

2. The division of divorced property shall protect the rights and interests enjoyed by the husband or wife in the contracting and operation of family land in accordance with law;

3. Miscellaneous.

Legal provisions on the division of property in divorce.

Civil Code on Marriage

Article 39 In the event of 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.

Article 41 In the event of divorce, the 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 In the event of a divorce, if one party is in difficulty, the other party shall provide appropriate assistance from his or her personal property, such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Article 47 If, 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 small 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.

Legal Analysis: The division of divorce property follows the following principles: 1. Both parties decide through negotiation. 2. Equality between men and women. 3. Take care of the rights and interests of children and women. 4. The principle of compensation. 5. The principle of taking care of the innocent party.

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 initiate divorce proceedings in 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.