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

In husband and wife divorce In fact, it is always necessary to divide the property. But if neither side has common property Or if the division of property has been agreed upon previously, it will not be used to divide the property at this time. That is exactly from How to divide property after marriage What about? Please follow Nomogram Let's have a detailed understanding in the following paragraphs.

1、 Leave postnuptial properties How to split? How to divide Divorce property ？

According to our country《 Civil Code 》Article 1087 stipulates that "at the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; if no agreement is reached, the people's court shall make a judgment based on the specific conditions of the property and the principle of taking care of the rights and interests of children and women." We can see from this law 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 and other currencies obtained, which are common 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. During the duration of the husband wife relationship, such gains obtained through production or operation, regardless of which party of the husband and wife, belong 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 our country has made a judicial interpretation that one party gains from personal property investment; Both men and women actually obtained or should have obtained Housing subsidies 、 Housing Provident Fund ; Both men and women actually obtained or should have obtained endowment insurance The funds and compensation for bankruptcy resettlement shall be jointly owned by the husband and wife.

2、 Divorce Property preservation How to apply for execution

The applicant provides guarantee or pays bond , submit a legitimate application; yes litigation Apply for preservation of the disputed property; To the court of property preservation before litigation or other Jurisdiction The court of.

According to《 civil procedure law 》In accordance with the provisions of Article 103, the people's court may, on the application of the other party, order the other party to preserve its property, order it to take certain actions or prohibit it from taking certain actions in cases where the execution of a judgment may be difficult or other damages may be caused to the other party due to the actions of one of the parties 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.

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.

The property that needs to be divided by divorced couples can only be the part of their common property. 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.