If you don t go home for half a year, how to divide the property if you divorce

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.

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The law clearly stipulates that there are two ways to divorce, one is divorce by agreement and the other is divorce by litigation. In the case of divorce, the issue of joint property and custody of children can be dealt with together.

If the wife runs away from home because of the discord between the parties, then it can be claimed that the parties have separated, but it does not meet the requirements of the law to meet the requirements of divorce, and the law clearly requires that the divorce has been separated for two years due to emotional discord. At the same time, the wages, bonuses, remuneration for labor services, income from production, business, investment, and other property obtained by the husband and wife during the existence of the marital relationship are the joint property of the husband and wife, which are jointly owned by the husband and wife, and have the right to demand a division.

Legal basis] According to Article 1076 of the Civil Code [Divorce by Agreement] If the 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 1078:[Divorce Registration]Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

Article 1079:[Divorce by Litigation]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 divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Divorce requires the division of the marital property, which in itself is not problematic.

But she ran away from home for a year and a half, which is likely to involve the issue of marital fault, if there is, in the division of property, the woman, as the party at fault, can divide less or no property.

Article 46 of the Marriage Law stipulates that "if any of the following circumstances leads to divorce, the innocent party has the right to claim damages":

1) bigamy;

2) A person who has a spouse cohabits with another person;

3) committing domestic violence;

4) Abusing or abandoning family members.

Not necessarily. 1. If there is a house at the time of divorce, first of all, it is necessary to distinguish whether the house is the joint property of the husband and wife, if the house is purchased by one party before marriage and registered in his name, then the house is personal property before marriage and cannot be divided in divorce.

2. Divorce can divide the joint property of the husband and wife, and if the house belongs to the joint property of the husband and wife, then it can be divided.

If you are not at ease about the property that has not been transferred, you can also take the divorce certificate to let the guarantee company redeem the building, and then go through the transfer procedures after obtaining the real estate certificate.

If your wife runs away from home for a year and a half, and when she comes back, she asks for a divorce and divides the family property, which also has a legal basis, because you are husband and wife after all. But he hasn't been here for a year and a half, and you can transfer the money, it's not his money.

Even if the wife leaves home for one and a half years, it does not affect the division of property in the divorce, as long as it is the legal income during the marriage, it is the joint property of the husband and wife. If the wife wants a divorce, he has the right to take his fair share. As long as it is a marriage certificate issued by a legal couple, the property should be divided equally at the time of divorce.

According to the provisions of the relevant laws of our country, if the husband and wife divorce must divide the property, if one party runs away from home and does not divorce, the two parties can negotiate the ownership of the property during the marriage. Article 19 of the Marriage Law of the People's Republic of China [Agreement on Marital Property] Husband and wife may agree that the property acquired during the marriage relationship and the property before the marriage shall be separately owned, jointly owned, or partly separately owned and partly jointly owned. The agreement shall be in writing.

Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 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 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

Article 39: [Divorce Disposition of Joint Property of Husband and Wife]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 37 of the Constitution of the People's Republic of China provides that the personal freedom of citizens of the People's Republic of China shall not be violated.

No citizen shall be arrested without the approval or decision of the people's procuratorate or the decision of the people's court, and is enforced by the public security organs. It is forbidden to illegally detain or otherwise unlawfully deprive or restrict a citizen's personal liberty, and to illegally search a citizen's body. Article 1043 of the Civil Code of the People's Republic of China provides that families shall establish a good family style, carry forward family virtues, and attach importance to the establishment of family civilization.

Husbands and wives should be faithful, respectful and caring for each other; Family members shall respect the elderly, love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.

The division of marital property after divorce without separation is as follows: the joint property of the husband and wife is divided by agreement or equally, and if the agreement is not reached, the court may make a judgment. If there is a daily commingling of matrimonial property and family property, it is necessary to clarify the scope of matrimonial property first.

[Legal basis].

Article 1087 of the People's Republic of China Civil Code provides that 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 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. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.