How to divide the divorce property in 2024 How to divide the divorce debt

spouse 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

In principle, the distribution of property in divorce 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 no agreement is reached, the people's court shall make a judgment on the basis of the specific conditions of the property and the principle of taking care of the rights and interests of children and women.

2. The husband and wife agree in writing that the property acquired during the duration of the marriage relationship 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 has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

3. In the event of divorce, if one party has difficulties in life, the other party should give appropriate help from his or her personal property such as housing. 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 forges debts in an attempt to occupy the property of the other party, and when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, destroys the joint property of the husband and wife or forges debts may be given less or no share. After divorce, the other party discovers the above behavior. It can be filed with the people's court litigation , requesting to divide the joint property of husband and wife again.

II Divorce debt How to split?

（1） Joint debts At the time of divorce, the debts originally 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. Joint debt refers to living together for the family during the marriage, including for fulfilling raise support Duties assumed by obligations and debts incurred by 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 subsidizes the debts of its relatives and friends who have no obligation to support them.

(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 in divorce, the law allows the parties to negotiate first, and if they cannot reach 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.