Divorce property division How to divide property funds

I Divorce property division How to divide property funds

Divorce property division Real estate funds should be divided equally. Divorce property division means Conjugal property The division of refers to divorce The joint property of husband and wife shall be divided into their own personal property according to law.

2、 Divorce property division

Divorce property division refers to the division of husband and wife's common property, which refers to the division of husband and wife's common property into their own personal property according to law at the time of divorce. Current《 Marriage Law 》Articles 17 to 19 clarify that the joint property of husband and wife is the property acquired during the duration of the husband and wife relationship, and stipulate the content of the joint property of husband and wife in the form of enumeration and generalization. The law also stipulates that the division of the joint property of husband and wife can be divided by agreement and judgment. At the time of divorce, if both parties have legally agreed on marital property, the agreement shall prevail. The unique property of one party belongs to itself. Generally, the joint property of husband and wife should be divided equally, or unequal if necessary. If there is a dispute, the people's court should make a judgment according to law.

III Division of property Three useless agreements

(1) Property belongs to children

When making a property agreement, many partners will consider the future childcare issues, and will agree that a part of the property belongs to the children. But in real life, although such property agreements have been made, these properties are still controlled by parents. That is, from the legal point of view, the gift has not been performed. Of course, gifts that have not been completed will not be effective. In practice, such invalid agreements are common and controversial. Of course, they all end in invalid determination.

(2) The real estate belongs to one party without property right change

Put the Premarital property Such immovable property is agreed to be jointly owned after marriage, but there is no property right renaming procedure actually, which is also an unfinished gift. When a dispute finally occurs, it cannot be confirmed.

(3) Who filed for divorce, who has no property

"Whoever files for divorce will Clean out ”Tends to become Marital property agreement In order to make either party give up the idea of divorce and manage the marriage wholeheartedly. In fact, such agreements are often regarded as invalid because they limit the right to freedom of divorce.

The division of real estate during divorce has always been a concern of the society. According to the relevant laws and regulations of our country, we can understand in detail Divorce property And how to divide it. Generally, the property after divorce can be divided through negotiation. If the negotiation fails, the rights can be protected by law.