Can a second wife divide her husband s property?

The principles for the division of property in divorce are:1In principle, the joint property of the husband and wife shall 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.

If one party operates in partnership with another party with the joint property of the husband and wife, the property may be divided among one party, and the party who has received the property shall compensate the other party equal to half of the value of the property. 3.The means of production, which are the joint property of the husband and wife, may be distributed to the party who has the conditions and ability to operate.

The party who receives the means of production shall compensate the other party equal to half the value of the property. 4.Breeding and planting industries that are jointly operated by husband and wife and have no income in the current year should be reasonably divided or discounted in consideration of being conducive to the development of production and business management.

5.Where the joint property of the husband and wife has not been separated from the joint family property at the time of divorce, and one party requests the dissolution of the property, the divorce and the property that have already been ascertained may first be handled, and the parties may be informed of the division of the property that is truly difficult to ascertain for the time being, and the case may be handled separately; or suspend the divorce proceedings and resume the divorce proceedings after the trial of the property dissolution case is concluded. The above is the basic principle of the division of property between husband and wife in divorce, and it is also necessary to divide it according to the actual situation.

Divorce lawyers will find Guanling Law Firm.

Yes. You go and check. Marriage. There's a description in it.

Legal Analysis: When suing for divorce, the question of property division 1 depends on whether the property is before or after marriage, and before marriage, it is the personal property of one party before marriage, and the other party has no right to share it.

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' intention to divorce voluntarily, and the opinions on matters such as the custody of the children, the handling of property, and debts.

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.

Legal analysis: 1. The parties should first distinguish whether the marital property belongs to the property of one of the parties or the joint property. The property of one of the spouses is owned by one of the spouses. The other party has no right to divide.

2. The husband and wife may first negotiate the division of the joint property of the husband and wife.

3. If the negotiation fails, the court shall make a judgment based on the rights and interests of the child, the woman, and the innocent party.

Legal basis: Article 1087 of the 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 fails, the people's court shall, on the basis of the specific circumstances of the property, 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. 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 method of property division after the death of one of the parties to the second marriage: When the joint property of the husband and wife is divided, unless there is an agreement, half of the jointly owned property shall be divided into the spouse's property first, and the rest shall be the inheritance of the decedent. The estate can be handled in the order of the will and legal inheritance.

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 1153.

Unless otherwise agreed, when dividing the property jointly owned by the husband and wife, half of the jointly owned property shall be divided into the spouse's property, and the rest shall be the inheritance of the decedent.

Where the inheritance is in the common property of the family, the property of others shall be divided first when the inheritance is divided.

Legal analysis: The joint property of the husband and wife of the second marriage shall be divided according to the following methods: 1. The joint property of the husband and wife can be disposed of by the husband and wife through consultation, and the specific division method shall be directly handled by the husband and wife through consultation; 2. If the negotiation fails, the people's court will divide the joint property 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 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of husband and wife Wang Zheng and is jointly owned by 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 the joint property.

Article 1063 The property listed next to the Lower Tomb shall be 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 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.