1. The principle of equality between men and women
During the duration of the husband wife relationship, both parties have the right to use and dispose of the common property, and both parties have the right to equally divide the common property in divorce.
Of course, the equality of rights does not mean the average share. In principle, the joint property of husband and wife is equally divided. At the same time, according to the actual needs of production and life and the source of property, the specific treatment can also be different.
2. Principle of caring for children and women's rights
When dividing the joint property of husband and wife, the interests of children, especially minor children, should be put first, so as to effectively guarantee the material needs of children's life and healthy growth after divorce.
3. Principle of caring for the innocent party
For example, the divorcing party seriously violates the marriage obligations and destroys the relationship between husband and wife, such as adultery, cohabitation, bigamy, domestic violence, maltreatment and abandonment, and other behaviors that violate the marriage obligations and destroy the relationship between husband and wife. No matter whether the innocent party actively asks for divorce or passively suffers the consequences of divorce, they should be taken care of when dividing the common property, so as to make up for the physical and mental injury and pain they have suffered and reflect the fairness and justice of the law.
[Legal Basis]
Article 1087 of the Civil Code states that at the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.
The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.
