How to divide the common property after marriage

1、 After marriage common property How should it be divided

The first is the so-called "uniform distribution" principle, that is, in the process of dividing common property, each party should enjoy equal rights and interests, and the assets jointly owned should be equally distributed;

Secondly, in order to safeguard the legitimate rights and interests of minor children and women, we need to adhere to the principle of "priority";

Moreover, for those who have no obvious fault in the marriage relationship, they have the right to request corresponding compensation or compensation;

Finally, after processing divorce When dealing with affairs, we must fully consider the economic interests of both husband and wife, which is the so-called "fairness and justice" principle.

In addition, if the husband and wife have reached relevant property agreements before marriage, these agreements will have higher legal effect and should be implemented prior to the statutory property distribution provisions.

《 Civil Code 》Article 1087

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.

For the husband or wife in the family land contract The rights and interests enjoyed in operation shall be protected according to law.

Article 1088

If one spouse bears more obligations due to raising children, caring for the elderly, assisting the other in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. The specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

2、 How to identify the common property after marriage as a housewife

According to the currently effective Civil Code of the People's Republic of China, during the period after the conclusion of the legal marriage relationship, the man's personal salary, bonus, income from production and operation, and intellectual property right The income and so on shall be regarded as the common property of both husband and wife.

Even if the woman chooses to return to the family and play the role of full-time housewife, this does not mean that the total family income is completely owned by the man.

Article 1062 of the Civil Code

The following property acquired by husband and wife during the period of their marriage shall be their common property and shall be jointly owned by them:

(I) wages Bonus and labor remuneration;

（2） Income from production, operation and investment;

（3） Income from intellectual property;

(IV) inherit Or donated property, except as provided for in Item 3 of Article 1063 of this Law;

（5） Other properties that should be jointly owned.

Husband and wife have equal rights to dispose of their common property.

The power of law lies not only in its binding force, but also in its educational and guiding role. It teaches us how to act correctly, how to respect the rights and interests of others, and how to maintain social justice and fairness. As the title of this article puts forward, "How to divide the common property after marriage", we can get many valuable enlightenment and lessons from it. We should cherish these lessons and internalize them into our code of conduct so that we can better abide by the law and live in this society under the rule of law.