How to determine the joint property of the husband and wife after divorce? How is the property divid

Before marriage, one party purchases real estate with personal property and pays the full price of the house, and the original registration in the name of one party is changed to the name of both parties (additional name), it shall be recognized as the joint property of the husband and wife; If both parties jointly contribute to the purchase of the house in full, but the property is only registered in the name of one party, the two parties jointly share the property; Both parties jointly contribute to the purchase of the house in full, and the real estate is registered in the names of both parties, and it is determined that it is co-owned or co-owned according to the registration situation; In this case, according to the proportion of capital contribution, the two parties may agree to share according to the shares, and if there is no agreement and there is no evidence of the proportion of their respective capital contributions, it shall be deemed to be jointly shared; If both parties jointly contribute to the purchase of a mortgage and repay the loan jointly after marriage, and the property is registered in the names of both parties, it shall be recognized as the joint property of the husband and wife. Of course, in practice, the party that has made a larger contribution to the capital contribution can appropriately share more. After marriage, both husband and wife use their joint property to purchase real estate, and the real estate is registered in the name of one or both parties, which belongs to the joint property of the husband and wife; Where one of the spouses purchases a house with full payment of his or her personal premarital property and is registered in his or her own name, if it is not an investment or business act, it is one party's premarital property and shall be deemed to be one party's personal property; Where one of the husband and wife buys a house with the full amount of his or her personal pre-marital property, but it is registered in the names of both parties, it shall be recognized as the joint property of the husband and wife.

Legal basis: Article 13 of the "Several Specific Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts" shall be owned by one party according to the housing situation of both parties and the principle of taking care of and raising children or the party not at fault. The party who has been allotted the house shall compensate the other party equal to half the value of the house.

In the case of equal conditions of both parties, the woman shall be taken care of.

1. How to define the joint property of husband and wife at the time of divorce.

1. The joint property of the husband and wife at the time of divorce acquired during the existence of the marital relationship between the man and the woman, including wages and bonuses; The proceeds of doing business belong to the joint property of the husband and wife. 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 in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

2. Legal basis: Article 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 is the joint property of the husband and wife and is not 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.

2. What is the divorce procedure for husband and wife?

The divorce procedure for husband and wife is as follows:

1. In the case of divorce by agreement, both husband and wife should bring the divorce agreement, marriage certificate, ID card and other documents to the marriage registration authority for processing;

2. In a litigation divorce, one party first submits the complaint and relevant evidence to the court. After the court accepts the case, mediation will generally be conducted first;

3. If the relationship between the husband and wife has indeed broken down, or if one party has bigamy, domestic violence, drug abuse and other behaviors that seriously endanger the feelings of the husband and wife, resulting in ineffective mediation, the divorce shall be granted.

Legal Analysis: 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; 3) income from intellectual property rights; (4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; 5) Other property that shall be jointly owned.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a 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 1070 Article 9: 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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 a divorce is not allowed, the parties have been separated for one year, and one party initiates a divorce lawsuit again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

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.

The division of property between divorced couples by general agreement. If the two parties are unable to reach a consensus on the division of the relevant property, the personal property shall not be divided; Joint property may be brought to court, and the people's court shall make a judgment in accordance with the principle of taking care of the children, the woman and the innocent party in accordance with the principle of prudence in taking care of the children, the woman and the innocent party in accordance with the specific circumstances of the property.

[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 fails, 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 children, the woman, and the innocent party.

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

After the divorce, the house cannot belong to the joint property of the husband and wife, because Liang Shengxu is the joint property of the husband and wife refers to the property obtained by the husband and wife during the existence of the marital relationship.

[Legal basis].Article 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) 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.

Article 1080.

The marriage relationship is dissolved when the divorce registration is completed, or the divorce judgment or mediation document takes effect.

At the time of divorce, the joint property of the husband and wife shall be defined in accordance with the statutory scope, including the wages, bonuses, remuneration for labor services, income from production, operation, investment, and other property that should be jointly owned by the husband and wife during the existence of the marital relationship.

1. Is the company established after marriage the joint property of the husband and wife?

Generally speaking, a company established after marriage is the joint property of the husband and wife, unless there is a special agreement between the parties that it belongs to the personal property of one party. The joint property of the husband and wife also includes the wages, bonuses, remuneration for labor services, income from production, operation, investment, and other property that should be jointly owned by the husband and wife during the existence of the marital relationship.

2. What is the joint property of the company after marriage.

"Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife. Husbands and wives have equal rights to dispose of jointly owned property.

The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse. Include.

1) Salary and bonus;

2) income from production and operation;

3) income from intellectual property rights;

4) property acquired by inheritance or gift;

5) Other property that should be jointly owned;

6) Housing subsidies and housing provident funds actually obtained or should be obtained by both parties;

7) The pension insurance and bankruptcy settlement compensation actually obtained or should be obtained by both parties;

8) The part of the marital relationship that should be shared by the husband and wife during the existence of the marital relationship, such as demobilization allowance and self-employment allowance paid to the name of the soldier.

3. Is the money given by the parents after marriage considered joint property?

Whether the money given by the parents after marriage is joint property depends on the circumstances:

1. If the money given to the husband and wife by one of the parents after marriage is not clearly indicated to belong to one party, it means that the gift to the husband and wife belongs to the joint property of the husband and wife;

2. Wages, bonuses and remuneration for labor services received by the husband and wife during the existence of the marital relationship; income from production, operation and investment; proceeds from intellectual property rights; Inherited or donated property, except for those expressly given to one party; Property that should be jointly owned is the joint property of the husband and wife and is jointly owned by the husband and wife.

Article 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) 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.

According to Article 17 of the Marriage Law, 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; 3) income from intellectual property rights; (4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; 5) Other property that shall be jointly owned.

Generally, if the two parties negotiate and cannot reach an agreement, the people's court will make a judgment. According to the provisions of the Marriage Law and the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Court, the people's courts may follow the following principles when hearing divorce cases and dividing the joint property of husband and wife: 1

The principle of equality between men and women. The principle of equality between men and women is not only reflected in the various legal norms of the Marriage Law, but also serves as a guide for the people's courts in handling marriage and family cases. This principle is embodied in the division of property in divorce, that is, both husband and wife have the right to divide the joint property equally and bear the obligation of joint debts equally.

2.The principle of taking care of the interests of the child and the woman. The "care" here can not only give the woman an appropriate share of the property, but also allocate a certain property that is particularly needed for life, such as housing, to the woman in terms of the type of property.

After all, in terms of customary forces, obstacles caused by the influence of traditional factors, and women's housework burdens and physiological characteristics, after divorce, women are generally weaker than men in finding jobs and earning a living, and they need more help from society. At the same time, when dividing the joint property of husband and wife, special attention should be paid to protecting the lawful property rights and interests of minors. The lawful property of minors cannot be divided among the joint property of the husband and wife.

3.The principle of good life and convenient life. The division of joint property in divorce should not be carried out without compromising the utility, performance and economic value of the property.

When dividing the means of production in the common property, they should be distributed to the party who needs the means of production and can better play the role of the means of production; When dividing the means of subsistence in the common property, it is necessary to satisfy the professional or professional needs of the individual as much as possible, so as to give full play to the use value of the property. The indivisible property shall be owned by one party according to the principle of actual needs and beneficial utility, and the party who receives the property shall compensate the other party according to the actual value at the time of divorce in accordance with the principle of equity. 4.

The principle of non-abuse of rights. When dividing the joint property of the husband and wife in a divorce, the property belonging to the state, the collective, or others must not be divided as the joint property of the husband and wife, and the lawful interests of others must not be harmed in the name of dividing the joint property of the husband and wife. 5.

Where property owned by one of the spouses is consumed, damaged, or lost during common life, the other spouse shall not compensate for it. This is a summary of judicial practice experience, which meets the requirements of the relationship between husband and wife and the essence of marital life, and is conducive to avoiding unnecessary disputes.