How to divide the property after divorce? How to divide divorce property?

stay Divorce In fact, it is always necessary to divide the property. But if neither side has common property Or the division of property has been negotiated before, and it will not be used at this time Partition property Has. What the hell Property after divorce How to divide it? Please follow Nomogram Let's have a detailed understanding in the following paragraphs.

1、 How to divide the property after divorce? How to divide Divorce property ？

According to our country《 Civil Code 》Article 1087“ divorce The joint property of the husband and wife 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. ”From this law, we can see that Conjugal property Property that can be divided after divorce. What are the common properties of husband and wife? According to Article 1062 of the Civil Code and the judicial interpretation of the Supreme People's Court, the joint property of husband and wife includes the following aspects:

(I) wages , Bonus

Wages and bonuses are the remuneration obtained by both husband and wife in their daily work, whether it is mental work or physical work. It includes not only wages and bonuses, but also various forms of remuneration income, such as red envelopes, gift money, subsidies, etc It belongs to the joint property of husband and wife 。

（2） Income from production and operation

In the joint life of husband and wife, they always run some projects or carry out some production activities in order to live, but in the final analysis, they are all to improve the quality of family life. In the marital relationship Duration The income obtained through production or operation, no matter which party of the husband and wife implements it, belongs to the joint property of the husband and wife.

(III) intellectual property right Benefits of

The income from intellectual property is a new source of family income in recent years. The husband or wife obtains intellectual property through writing and other ways to obtain economic benefits. As long as the relationship between husband and wife lasts, it belongs to the joint property of husband and wife.

(IV) inherit Or donated property, except as provided in Item 3 of Article 1063 of the Civil Code

During the marriage relationship, the inherited or donated property belongs to the common property, but if the designated beneficiary is only one of the husband or wife when inheriting or inheriting the property, the property cannot be counted as the joint property of husband and wife, only paraphernalia , cannot be split.

（5） Other properties that should be jointly owned

This is a supplementary provision of Article 1062 of the Civil Code, which is constantly changing and is missing from the supplementary laws. The Supreme People's Court of China has made a judicial interpretation, and one party personal property Income from investment; Both men and women actually obtained or should have obtained Housing subsidies 、 Housing Provident Fund ; actually obtained or should be obtained by both men and women endowment insurance The funds and compensation for bankruptcy resettlement shall be jointly owned by the husband and wife.

2、 Divorce Property preservation Yes? petition for enforcement

Provided by the applicant guarantee Or pay bond , submit a legitimate application; yes litigation Disputed property Apply for preservation ; to the court of property preservation before litigation or other Jurisdiction The court of prosecution Litigation.

According to《 civil procedure law 》Article 103 party In a case where the execution of a judgment is difficult or other damages are caused to a party due to the actions of one party or other reasons, a ruling may be made to preserve his property, order him to do certain acts or prohibit him from doing certain acts according to the application of the other party; If the parties have not applied, the people's court may, when necessary, rule to adopt Preservation measures The people's court may order the applicant to provide security by taking preservation measures. If the applicant does not provide security, it shall rule to reject the application. After accepting the application, the people's court must make a ruling within 48 hours if the situation is urgent; If the order is made to take preservation measures, the execution shall begin immediately.

Article 103 of the Civil Procedure Law

The people's court may, on the application of the other party, order the other party to preserve its property, order it to do certain acts or prohibit it from doing certain acts in cases where the execution of a judgment may be difficult or other damages may be caused to the other party due to the behavior of one party or other reasons; If the party concerned has not applied, the people's court may also, when necessary, rule to adopt preservation measures.

When adopting preservation measures, the people's court may order the applicant to provide security. If the applicant does not provide security, it shall rule to reject the application.

After accepting the application, the people's court must make a ruling within 48 hours if the situation is urgent; If the order is made to take preservation measures, the execution shall begin immediately.

Divorced couple The property that needs to be divided can only be part of the joint property of the husband and wife. From this point of view, if it is identified as the property of one of the husband and wife, then the divorce cannot be divided. In fact, the answer to how to divide the property after divorce has been given above. Generally, it is half of the family.