I have a son, today 26 years old, unmarried, I want to divorce, please how to divide the property

If it is after marriage, the joint property of the husband and wife is of course evenly divided, as for the son is already an adult, whether he is married or unmarried, he has the ability to live independently, and does not need his parents to support him, of course, every parent will definitely think about the child, because the child is unmarried, and it is okay for the parents to negotiate the distribution of the property to the party with the child, after all, it is not wrong for parents to think more about their children.

The property belongs to you and your husband, and one person divides half of it. The son is already an adult and does not have the right to divide property. Children are legally required to earn their own money as long as they reach the age of 18. As long as your marital property is marital, you can divide half of it.

Generally, in a formal divorce, the family property is divided equally, if it is discussed by two people, it would be good for the two of you to discuss it yourself, you should not be young, why divorce? Okay, isn't it, the child is so old, should be married, or not married, no matter what, the child is about to get married, don't be so impulsive first, after all, you are old.

Who does a son want to follow? If you want to divorce, your family property should be 3131 points, and each of the three of you will have a share, all of which will be distributed equally.

Your divorce has nothing to do with your son. The property belongs to you and your husband, and you can divide it.

Divorce, you husband and wife divide the property equally! How much to give to the child after the equal division is your private matter, others can't say anything, it's nothing!

If the woman doesn't agree, then you two can discuss it! The child can't say anything!

This is up to you to discuss, whether your son is married, whether you have grandchildren, and generally everyone in the family should have a share.

The divorced daughter has reached the age of 20, when the parents divorce, the division of property is still in accordance with the principle of equal distribution, after the marriage one party contributes to buy a house with personal property, and obtains the real estate certificate, it should belong to the property of the buyer, and the other party has no right to request division when the property is divided in divorce; It should be reminded here that how to determine the purchase of a house with personal property needs to be supported by evidence. If the purchase of a house is purchased with the personal property of one of the spouses, it is necessary to prove that the purchase price belongs to the personal property of one of the spouses. Therefore, it is particularly necessary to retain evidence that the property is personal property in case it is needed;

2. How to divide the property of husband and wife in divorce?

1) The joint property of the husband and wife shall generally be divided equally. That is to say, the joint property of the husband and wife is divided equally among the original deeds; 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) 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; In the case of a significant difference, the party who has acquired the excess property shall compensate the other party with property equivalent to the difference.

3) If the bride price is paid in accordance with the custom of the marriage, or if the payment before marriage causes the payor to live in difficulty, the other party may request the other party to return the bride price at the time of divorce.

4) If one party operates in partnership with another party with the joint property of the husband and wife, the property of the tenant may be owned by one party, and the party who has a share of the property shall give compensation equivalent to half of the value of the property to the other party.

5) For the breeding and planting industries that are jointly operated by the husband and wife in the current year, they should be reasonably divided or discounted in the case of divorce from the perspective of being conducive to the development of production, beneficial to the development of the core and the consideration of operation and management.

6) The two parties have repaired, renovated, demolished and built the house owned by one party before the marriage, and the property rights have not been changed at the time of divorce, and the share of the multiplication part belonging to the other party shall be compensated by the owner of the house at a discounted price.

7) Property obtained through marriage, if the marriage is not long in the marriage, or the other party's life is difficult due to the request for property. It can be returned as appropriate. Where it is difficult to determine whether the nature of the property obtained is a request or a gift, it may be handled as a gift.

8) The house jointly owned by the husband and wife that is not suitable for division and use shall be divided among one party according to the housing situation of both parties and the principle of taking care of and raising children or the party who is not at fault. The party who has been allotted the house shall compensate the other party equal to half the value of the house. The woman should be taken care of when both parties are on the same terms.

9) If the intellectual property rights owned by one party at the time of divorce have not yet obtained economic benefits, the other party shall be given appropriate consideration according to the specific circumstances when dividing the joint property of the husband and wife.

The property divided by the husband and wife at the time of divorce is the joint property of the husband and wife, and the divorce is divided into two types, one is the divorce by agreement, and the son is an adult, and the division of property at the time of divorce by agreement is the result of the agreement between the two parties.

The second is litigation divorce, if the two parties cannot reach an agreement on the division of property, they can file a lawsuit for divorce, or if there is property that has not been disposed of at the time of divorce by agreement, a property dispute after divorce can be filed. At this time, the basis for the division shall be divided by the judge in accordance with the law, and the joint property of the husband and wife after marriage shall generally be divided equally.

According to Article 1062 of the Civil Code, the following property acquired by the husband and wife 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: (1) wages, bonuses and remuneration for labor services; (2) Income from production, hail operations, 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.

and Article 1063 The following dates or property shall be the personal property of one of the spouses: (1) the premarital property of one party; (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 party.

According to the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China

Article 25 stipulates that during the existence of the marital relationship, the following property shall be "other property that shall be jointly owned" as provided for in Article 1062 of the Civil Code:(1) the income obtained by one party from the investment of personal property; (2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women; (3) The basic pension and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.

Article 26 stipulates that the income generated by the personal property of one of the spouses after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation.

Article 27 stipulates that a house rented by one party before marriage and purchased with joint property after marriage shall be deemed to be the joint property of the husband and wife if it is registered in the name of one party.

Divide in accordance with the above provisions and provide corresponding evidence.

Lawyer Liu Haina of the Family Law Court team.

In principle, the husband and wife divide equally, and if one of the spouses is at fault, the other spouse can claim compensation.

It doesn't matter how old the child is and how the property is divided after the parents divorce. The joint property of the parents belongs to the husband and wife and has no relationship with others. The division of property in the case of a divorce between parents shall be settled through negotiation between the parents or through litigation, and the children shall not have the right to participate in the division whether they are of age or not.

Legal basis

According to Article 1087 of the Civil Code, 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.

Analysis of the law of law and law: in the case of divorce, the joint property shall be divided according to the wishes of both parties. If it is not possible to agree on a division, the court will divide it in accordance with the law, and in this case, the division will generally be carried out in accordance with the principle of equal division, and appropriate consideration will be given to the contribution of both parties to the property, as well as the consideration of factors such as the rights and interests of women and children.

Items that belong to personal use are generally owned by individuals.

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 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.

The following property shall be 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 party.

Then go through the legal process in accordance with the law.

Legal analysis: In the case of divorce, the real estate accumulated over the years of living together can be distributed, as long as it belongs to both parties who have worked together to stay in Qiaola, they should be distributed together. 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 the principle of taking care of the rights and interests of the children and the woman.

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

Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault 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.

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.