1、 Principle of division of common property of husband and wife in divorce
 The basic principles that should be followed when divorcing the husband and wife's common property. In accordance with the Marriage Law of our country and the relevant provisions of the Supreme People's Court, the people's court should adhere to the following principles when dealing with the division of the joint property of husband and wife in divorce:
 （1） The principle of equality between men and women. The Marriage Law stipulates: "The property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife, unless otherwise agreed by both parties. The husband and wife have equal rights to deal with the jointly owned property." Equality of property rights is an important part of gender equality. The husband and wife have equal ownership of the common property, so they have equal right to partition the property at the time of divorce. They have equal obligations to pay off joint debts. Property cannot be awarded only to one party, and not to the other party who is at fault. It is not allowed to take more possession of property as the exchange condition for divorce, nor is it allowed to return property to whoever holds it.
 （2） The principle of caring for the rights and interests of women and children. Husband and wife have equal right to partition their common property, which does not mean that they will be equally distributed when dividing their common property. Pay attention to the legitimate rights and interests of the wife and children. This is determined by the relatively low economic status of women in China, which is an important supplement to the principle of equality between men and women.
 （3） Principles conducive to production and life. When dividing common property, the utility and economic value of the property shall not be damaged. The means of production used or operated by one party shall be distributed to the party using or operating it as much as possible, and the other party may be distributed with other property or be compensated by price. For various means of subsistence, the needs of both parties and their children should also be taken into consideration, and they should be reasonably divided based on facts. If the property is not suitable for division, it shall be reasonably adjusted and priced according to the source and actual needs of the property.
 （4） The principle of caring for the innocent party. The so-called fault refers to one party's behavior of abusing, abandoning or hurting the spouse, having the behavior of a third party or bigamy, creating conflicts due to the birth of a girl, resulting in emotional breakdown, etc. When dealing with a divorce case caused by one party's fault, it is not only necessary to distinguish between right and wrong, but also to give due punishment or legal sanction to the party with fault, and when dividing the common property, it is necessary to give consideration to the party without fault.
 （5） The principle of not harming the interests of the state, the collective and others. When dividing the joint property of husband and wife, no property belonging to the state, collective or others may be divided. If the state, collective or other people's property has been taken as their own by taking advantage of the division of common property, and must be returned in full, if the circumstances are serious, sanctions shall be imposed according to law. The property in partnership with others should be divided into shares belonging to the joint property of husband and wife, and then divided.