Divorce It must be necessary to debt If they are divided, according to the law, only if they are divided can the couple be allowed to divorce. How to divide Divorce property And debt? This is a headache for many couples. Next, let's Nomogram I will make a detailed analysis for you.
1、 How to divide divorce property
divorce In principle, the distribution of property postnuptial properties It's half for one person. The following situations are not half for one person:
1. At the time of divorce common property It shall be handled by both parties through agreement; If the agreement fails civil law The court made a judgment on the principle of taking care of the rights and interests of children and women according to the specific circumstances of the property.
2. The husband and wife agree on the marriage relationship in writing Duration The property obtained shall belong to each other. If one party has paid more obligations for raising children, caring for the elderly, assisting the other party in work, etc., the other party shall have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.
3. In case of divorce, if one party has difficulty in living, the other party should personal property To 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. During divorce, one party conceals, transfers, sells or destroys Conjugal property , or forge If the debt attempts to encroach on the property of the other party, and the joint property of the husband and wife is divided, the party who conceals, transfers, sells, damages the joint property of the husband and wife or forges the debt may be given less or no share. After divorce, the other party discovers the above behavior. It can be submitted to the people's court prosecution Litigation, requesting to divide the joint property of husband and wife again.
II Divorce debt How to split?
(I) Common debt At the time of divorce, the debts incurred by the husband and wife in their common life shall be repaid jointly.
If the joint property is insufficient to pay off, or the property belongs to each other, both parties shall agree to pay off; If the agreement fails, the people's court shall make a judgment. Common debt refers to Duration of marriage Live together for the family, including raise Maintenance obligation Their posts and debts incurred in their family production and business activities. Specifically, it includes: debts for the common daily life needs of spouses and families; Liabilities for raising children; Liabilities incurred for the treatment of diseases for one or both parties; The duties of one or both of the husband and wife to perform their common obligations; Both husband and wife are liable for the joint debt incurred by the family in production and operation joint responsibility 。
(II) Personal debt The personal debts of the husband and wife shall be paid by themselves, and the following debts are personal debts:
(1) The debts that the husband and wife agree to bear by themselves, except for the purpose of evading debts.
(2) Without the consent of the other party, one party grants funds to the other party without the consent of the other party Upbringing obligation A debt owed by one's relatives or friends.
(3) Without the consent of the other party, one party raises funds to engage in business activities alone, and its income has not been used for the debts incurred by the common life.
(4) Other debts that should be borne by individuals.
As for the division of property and debt at the time of divorce, the law allows first cause party Negotiate, if unable Consensus The court will make a judgment. At this time, the joint property of the husband and wife is generally half of one person, but the wife and children can be properly taken care of. For debt, it belongs to Conjugal debt Only the husband and wife can share the responsibility. The law chart organizes this article for you, hoping to help you solve your doubts.
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