put questions to 180000 lawyers answer online
home page > Selected answers > Selected answers to property division > Divorce property division

Divorce property division

Time: 2024.03.03 label: marriage and family Division of property Reading: 1426 people
Lawyer's answer:
The negotiation is divided, and if the negotiation fails, the lawsuit shall be filed to the court.
Lawyer's analysis:
If consultation fails, a lawsuit may be filed in a people's court and the court shall make a judgment.
1. If one of the husband and wife bears more obligations due to raising children, caring for the elderly, assisting the other in work, etc, divorce Shall have the right to request compensation from the other party, and the other party shall make compensation.
2. At the time of divorce, Conjugal debt It shall be repaid jointly. common property If the payment is insufficient or the property belongs to each other, the two parties shall reach an agreement on the payment; If the agreement fails, the people's court shall make a judgment.
3. At the time of divorce, if one party has difficulties in life, the other party who can afford it should give appropriate help. The specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
4. Bigamy cohabitation , Implementation Family Violence In case of maltreating or abandoning family members or having one of the other serious faults, resulting in divorce, the innocent party has the right to claim damages.
5. The husband and wife hide, transfer, sell off, destroy and squander Conjugal property , or forges the joint debts of the husband and wife in an attempt to occupy the property of the other party, when the joint property of the husband and wife is divided after divorce, the party may receive less or no distribution. After divorce, if the other party finds that he or she has committed any of the above acts, he or she may file a lawsuit with the people's court litigation , requesting to divide the joint property of husband and wife again.
Legal basis:
Article 1087 of the Civil Code
At the time of divorce, the joint property of the husband and wife shall be disposed of by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.
The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.
Copyright notice: This platform has exclusive copyright on the content mode of graphics and text, and can not be copied or reproduced in any form without permission.

(1) The common property shall be divided by both parties through consultation. (2) If one spouse bears more obligations, he or she has the right to request compensation from the other party at the time of divorce. (3) The joint debts of the husband and wife should be paid together. (4) If one party has difficulties in life, the other party who can afford it shall give it

Premarital property is generally distributed by agreement between husband and wife. If the husband and wife cannot reach a written negotiation, the premarital property shall be recognized as personal property and shall not be distributed at the time of divorce. According to relevant laws and regulations, both men and women can agree on the property obtained during the marriage relationship and the pre marital property

(1) The common property shall be divided by both parties through consultation. (2) If one spouse bears more obligations, he or she has the right to request compensation from the other party at the time of divorce. (3) The joint debts of the husband and wife should be paid together. (4) If one party has difficulties in life, the other party who can afford it shall give it

Selected pictures and texts Pufa video Voice Answers
  • What property of the spouse belongs to the joint property of the husband and wife after marriage

     Legal Advisor

    Legal Advisor

    During the marriage, as a spouse, you have the right to share the other party's income sources, including wages, bonuses, service fees, and the income from manufacturing, operation and investment. The economic benefit of intellectual property is also a sharing category. Although inheritance or gift property generally does not belong to common property, it should comply with the relevant provisions of the Civil Code. All legally recognized common property rights and interests are included in the distribution of rights and interests.

    Views: one thousand one hundred and forty-two 2024-07-03
  • How to reasonably divide the joint property of husband and wife in divorce

     Legal Advisor

    Legal Advisor

    When the husband and wife dissolve the marriage relationship, the disposal of the shared assets can be settled through negotiation. If the negotiation fails, it will be handed over to the court for adjudication. The factors to consider include property distribution, child rearing, women's rights and interests and the rights and interests of the innocent party. If one party has undertaken more family responsibilities in marriage, he or she has the right to seek economic compensation at the time of divorce, and the other party must fulfill the obligation of compensation.

    Views: one thousand two hundred and forty-six 2024-07-03
  • Whether to apply for division of premarital property after divorce

     Legal Advisor

    Legal Advisor

    At the time of divorce, personal property before marriage is not included in the distribution scope and belongs to individuals. Both parties can only negotiate the division of legally shared common property after marriage, such as salary, bonus, business income, intellectual property income, non-specific inheritance or gift property. The Civil Code clearly stipulates this.

    Views: nine hundred and ninety-nine 2024-07-03
  • Can property be redistributed after divorce by agreement

    Lawyer Zhou Ling

    1. At the time of divorce, the property during the marriage survival period was not divided. After divorce, the two parties can divide it by agreement or through court proceedings: 2. At the time of divorce, one party conceals or hides the property that belongs to the husband and wife during the marriage period. After divorce, if it is seized by the other party, the other party can request a new division through court proceedings.

    Play volume: one thousand and twenty-one 2022-06-09
  • Pre marital property notarization process

    Lawyer Zhou Ling

    1. The party concerned shall prepare the materials required for notarization. 2. Property ownership certificate related to the agreed content. Such as property certificate, house purchase contract without property right certificate, payment invoice and other certificates that can prove the property properties. 3. The agreement has been drafted by both parties. 4. Both parties signed the prenuptial property agreement in front of the notary. At this point, the procedure of premarital property notarization has been completed.

    Play volume: eight hundred and thirty-two 2022-06-09
  • How should the joint property be distributed when one spouse dies

    Lawyer Wan Luyong

    1. Distribution of joint property between husband and wife. Unless otherwise agreed, if the estate is divided, half of the jointly owned property acquired by the husband and wife during the duration of the marriage relationship shall be allocated to the spouse first, and the rest shall be the estate of the decedent. 2. Distribution of the estate of the deceased spouse. Successors in the same order shall generally inherit in equal shares. When distributing the estate, consideration shall be given to heirs who have special difficulties and lack the ability to work.

    Play volume: five hundred and ninety-six 2022-06-09
 Lawyer Hu Jing

Sichuan Huyun Law Firm

Hu Jing, a professional lawyer in Chengdu, executive director of Sichuan Huyun Law Firm, founding partner of the law firm; Founder and professional lawyer of Chengdu Divorce Network, Sichuan Criminal Defense Lawyer Network and Sichuan Personal Injury Compensation Network; Top 10 online review lawyers; Top Ten Lawyers; Legal adviser of Chengdu Fourth City Forum and Eat, Drink and Play; Director of Marriage and Family Research Center of Sichuan Huyun Law Firm; Director of Psychological Counseling Center; Head of the Research Center for Major, Difficult and Complex Cases of Sichuan Huyun Law Firm; Person in charge of the major case and important case department of the law firm; Lawyer Hu Jing graduated from the Law School of Sichuan Normal University in 2006, and founded Sichuan Huyun Law Firm in March 2009. He has been working for 15 years. Lawyer Hu Jing is familiar with various laws, regulations and policy documents, has a complex knowledge structure, and specializes in criminal defense, marriage and family, real estate economic disputes, creditor's rights and debt, corporate legal affairs In the field of construction contract disputes, he has solid legal knowledge, not only familiar with legal provisions, but also familiar with judicial operation. The successful large-scale marriage cases that lawyer Hu Jing participated in include: the divorce case of Ms. He in Mianyang, involving over 100 million yuan of marital property, one party maliciously transferred property, and the main property was distributed in remote areas. The marriage lawyer team and investigation team with lawyer Hu Jing as the professional lawyer, through careful planning, multiple rounds of negotiation and negotiation, finally the case was successfully settled by mediation and divorce, Won tens of millions of property for Ms. He; The divorce case of Ms. Li from a construction company in Chengdu involved custody struggle, company equity division, and tens of millions of joint property of husband and wife; The divorce case of Ms. Su in Chengdu involved one party maliciously creating debts and hiding the joint property of the husband and wife. There was a large amount of project funds in the joint property of the husband and wife that had not been recovered, and the amount of the joint property of the husband and wife amounted to hundreds of millions of yuan. After the case was launched, the team of lawyer Hu Jing used all resources to apply for property preservation at the first time, and quickly frozen the stock account and bank account under the name of the man, The frozen funds amounted to more than 20 million yuan, which played a very important role in promoting the later handling of the case, and the case was successfully closed. The divorce case of Ms. Wu in Zigong involved the man's extramarital affair, illegitimate children and other situations, involving the equity of several companies, and the woman did not participate in the company's operation, did not know the company's assets, involving the couple's common property of hundreds of millions of yuan. After accepting the commission, lawyer Hu Jing assigned his team of lawyers to obtain a large number of case clues through sophisticated planning, investigation and evidence collection, The case was successfully concluded after four mediation sessions and three court sessions. The divorce case of Ms. Wang, the vice president of an enterprise in Chengdu, involved tens of millions of husband and wife's common property; After divorce, Ms. Li in Chengdu had a property dispute involving tens of millions of divided property. During the litigation process, she talked while fighting. Finally, the case was successfully settled through mediation, meeting the expectations of the parties; For foreign-related divorce cases, including cases where one party is abroad and cannot return to China to handle divorce procedures, Hu Jing's lawyer team is entrusted to act as an agent for divorce proceedings in China and divorce successfully in a relatively short period of time; There are also a large number of major non litigation cases planned by Hu Jing's lawyer team. Through the unremitting efforts of the lawyer team of Hu Jing, the large marriage and family cases handled during the employment period have achieved relatively ideal results, in line with the expectations of the parties. The lawyer team of Hu Jing has achieved good results in other marriage and family civil cases! Lawyer Hu Jing has handled a large number of criminal defense cases, construction contract disputes, economic disputes, real estate disputes, creditor's rights and debt disputes, etc. The criminal defense cases involved include but are not limited to: F drug transportation crime, W extortion crime, Z non state staff bribery crime, Y bribery crime, X loan fraud crime, L rape crime Mr. P's crime of assisting in organizing prostitution, Mr. C's crime of opening a casino, Mr. Z's crime of intentional injury, Mr. S's crime of illegal detention, Mr. P's crime of illegal absorption of public deposits, Mr. M's crime of organizing pyramid selling activities, Mr. L's crime of contract fraud, etc. Lawyer Hu's unique defense style, clear thinking, quick thinking, competent and decisive, and defense style are deeply appreciated by the parties and their families! Adhering to the service concept of integrity, professionalism, professionalism and efficiency, the lawyer team of Hu Jing has formed a profound self precipitation and unique dialectical thinking, which has won unanimous praise from customers in the fierce competitive environment with rich practical experience, dedicated research, careful thinking, unique case handling style, and stable psychological quality to deal with emergencies, For the legitimate rights and interests of the client, we will spare no effort to meet the personalized legal service needs of more parties as far as possible!

Consult immediately
  • How to divide the common property after marriage

    1673 people read

    The division of property after marriage follows the principle of fairness to ensure the legitimate rights and interests of both parties. The common property shall be divided equally, taking into account the contribution and care of children and women's rights and interests. Personal property shall belong to each other and shall not be infringed upon. The division shall be negotiated, and if it is impossible to negotiate, it can resort to law. The above principles are aimed at maintaining the stability and fairness of marital property relations.

  • How to deal with marital property disputes

    1436 people read

    Suggestions on the settlement of marital property disputes: the man's personal property, the woman's exclusive right to use it, and the ruling should be made together when the marriage breaks down. The husband's family property is shared by the wife's family and can be mediated in case of breakdown; If they fail to do so, they will not be subject to substantive disposal, and the parties will be informed to handle the dispute separately as an independent case.

  • How to deal with divorce real estate auction transaction

    1265 people read

    When bidding for divorce property, the consent of both parties must be obtained first, otherwise it cannot continue. Then start the bidding procedure, and distribute the funds according to the agreement of both parties or the judgment of the court. When divorcing, it is very important to prepare materials. Agreed divorce requires household registration, ID card, marriage certificate and divorce will letter; Litigation divorce also requires marriage certificate, children's identity information, litigation request, copy of ID card or household registration certificate, and list of common property.

  • How to judge the property of the divorced party who cheated

    1424 people read

    In the process of normalized marriage management, once one party has an unfortunate derailment, the husband and wife should first negotiate to solve their property problems. If the negotiation fails, the local judicial department should follow the objective position of fairness and justice according to relevant laws and regulations, and fully consider the interests of minor children and the other half without fault

How much does it cost to sue for divorce How to fight for custody in court Limitation of action for heritage disputes How to handle the process of custody dispute and prosecution Husband's Domestic Violence, Wife's Divorce and Child's Ownership How can the struggle for custody take advantage How to settle heritage disputes How to judge the bride price for divorce after a year of marriage What is the standard of divorce fees for court proceedings What conditions are needed to fight for the custody of children How to fight for the custody of children How to Judge the Divorce of a Man Who cheated in Marriage What materials are needed to fight for custody How to Judge Domestic Violence Divorce During Pregnancy How to distribute divorce property due to domestic violence Compensation standard for spiritual loss of derailment divorce How to judge custody How much is the lawyer's fee for divorce cases Conditions for fighting for custody How to divorce quickly? One party disagrees What to do if the husband cheated and refused to divorce What will be the verdict if one party of the divorce lawsuit fails to appear in court How will divorce be judged if one of the couples cheats What evidence is needed to fight for custody How to Judge the Law of Divorce for Men and Women Who cheat How to judge divorce and domestic violence How to Judge a Divorce for a Man's Spiritual Misconduct If one party disagrees with the divorce, how can it be divorced How to judge a man's cheating divorce How much compensation can be claimed for domestic violence divorce
View All