The question of whether to divide the property equally after divorce should be determined according to the specific circumstances
1. It is not necessary to divide property equally, but to divide personal property before marriage or joint property of husband and wife
2. Personal property belongs to individuals before marriage
3. At the time of divorce, if the two parties fail to reach an agreement on the disposition of their common property, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of their children and the wife
The following property shall be the property of one spouse:
1. A party's premarital property, such as a party's premarital deposit, house and car
2. Medical expenses, living allowance for the disabled and other expenses received by one party due to physical injury
3. Property specified in the will or gift contract to belong only to the husband or wife
4. Daily necessities for one party
5. Casualty insurance benefits, disability subsidies, medical and living subsidies for servicemen.
According to the provisions of the laws of our country, the property during the marriage relationship is your common property, which is equally distributed. In addition, according to the statement that if one party is at fault when distributing the property (such as committing domestic violence or maltreating or abandoning family members), the innocent party can share more of the property and claim compensation for mental damage.
Article 39 of the Marriage Law of the People's Republic of China
At the time of divorce, if the two parties fail to reach an agreement on the disposition of their common property, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of their children and the wife.
The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected according to law.
