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How to divide the financial production capacity when Shanghai courts sue for divorce

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How to divide the financial production capacity when Shanghai courts sue for divorce


        

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  • 2024-06-25 20:01:42

    When hearing divorce cases, the Shanghai court distributes them according to the principles of equality between men and women, caring for children and women. The cases that the court decides to sue for divorce property division are generally divided into the following:
    (1) In general, the joint property of husband and wife should be divided equally. One half of the joint property of husband and wife means that as long as it is the property of husband and wife after marriage, including wages, bonuses, stocks, stock rights, lottery tickets, inheritance, etc., which belong to the joint ownership of husband and wife, divorce should be divided equally by one half regardless of the salary and income, but obviously belongs to personal personal necessities, Generally owned by individuals
    (2) If one party jointly starts a company with the joint property of husband and wife, the party who makes the capital contribution may give it to one party, and the party who gets the equity property shall give the other party compensation equal to half of the value of the equity property. The joint property that the husband and wife manage and use separately in two places shall be owned by the management and user respectively when they are divided; For the difference between the two parties, if the one who has more property compensates the other party with the property equivalent to the difference but has not obtained economic benefits from the intellectual property rights owned by the other party at the time of divorce, the other party shall be given proper consideration according to the specific circumstances when dividing the joint property of the husband and wife
    (3) If the marriage has been registered but not yet lived together, and the betrothal gifts are paid according to customs, or if the payment before marriage causes difficulties for the payer, he may ask the other party to return the betrothal gifts at the time of divorce
    (4) For the houses jointly owned by husband and wife that are not suitable for split use, according to the housing conditions of both parties and the principle of caring for the children or the no fault party, the party who owns the house shall be given a compensation equal to half of the value of the house to the other party. Under the same conditions of both parties, the women shall be taken care of for both parties who have repaired, decorated, demolished and built the houses owned by one party before marriage, If the property right is not changed at the time of divorce, and the share of the increased part belongs to the other party, the owner of the house shall compensate the other party at a discount
    (5) For the farming and planting industry that the husband and wife jointly operate in the current year and have no income, they should be reasonably divided or discounted to deal with the natural damage, consumption and loss of their personal property before marriage in the joint life after marriage, considering that it is conducive to the development of production and business management. If one party requests to use the husband and wife's common property to compensate for the divorce, The housing provident fund that does not support one or both of the husband and wife during the marriage relationship shall be treated as the joint property of the husband and wife, and shall be divided at the time of divorce

    B***

    2024-06-25 20:01:42

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