How to deal with property disputes after divorce

1、 Leave postnuptial properties How to handle disputes

Division of property after divorce It is divided into two aspects, one is for undivided property, the other is for divided property. If both parties divorce If the property is not divided at that time, one party can appeal to the court for division. The court will make a judgment according to the specific situation of the property and the principle of taking care of the rights and interests of children and women. But at the time of divorce Division of property If there is no fraud, coercion and other acts during the agreement, the property that has been divided or reached an agreement cannot be divided again.

《 Civil Code 》Article 1092

The husband and wife hide, transfer, sell off, destroy and squander Conjugal property , or forgery Conjugal debt If anyone attempts to encroach on the property of the other party, he or she may be given less or no share of the joint property of the husband and wife at the time of divorce. After divorce, if the other party finds that he or she has committed any of the above acts, he or she may file a lawsuit with the people's court litigation , requesting to divide the joint property of husband and wife again.

2、 How does the court deal with it generally Divorced property dispute

The court deals with divorce Property disputes The method is as follows:

1、 marry Previously purchased by one party buy a house Property. The party who obtains the property right of the house before marriage, registers it in his own name, and pays off the loan or purchases it in full will be deemed as the party prenuptial property , will not be divided upon divorce.

2. Before marriage, one party contributed to buy a house to pay the down payment, and the house was registered in one party's own name, even if the loan was repaid by the joint property of the husband and wife after marriage, the ownership of the house was;

It still belongs to the party's premarital personal property. The amount paid by both parties after marriage and the corresponding property appreciation shall be compensated by the other party at the time of divorce.

When divorce occurs, the appreciation of housing value should be divided into two parts: the appreciation of individual loan repayment and the appreciation of joint loan repayment.

At this time, the appreciation part of joint repayment is divided according to the joint property of husband and wife at the time of divorce. The value-added part repaid by the individual belongs to the personal property of one party, and this value-added part will not be divided in divorce.

3. For the purpose of marriage, the house purchased by one party personally before marriage is registered in the name of the other party evidence It is proved that one party clearly indicates that the house is owned by the other party, and the house shall generally be treated as the joint property of husband and wife at the time of divorce.

4. Contribution by one party or joint contribution by both parties before marriage House purchase The house registered in the name of both parties should be recognized as the joint property of husband and wife.

5. When buying a house before marriage, both parties have contributed, property ownership certificate Only the name of the man can prove that it is the property jointly purchased by both parties for the purpose of marriage. Even if there is no name of the woman, the court will regard it as jointly owned by the husband and wife when making a judgment.

If at the time of divorce, the man denies that the woman contributed when he bought the house, and the woman has no evidence to prove that the money contributed was not donated to the man, the house property belongs to the man's personal property before marriage, and the woman has no right to divide it. vice versa.

6. If both parents contribute to purchase the house property and the property right is registered in the name of one child, it shall be jointly owned in shares according to the contribution share of their parents.

7. Before marriage, one party buys a house with personal property, and after marriage, another party is added as the co owner of the property right, which shall be recognized as the joint property of the husband and wife.

8. Used by both husband and wife after marriage common property The house purchased shall belong to the joint property of husband and wife.

At the time of divorce, the joint property of the husband and wife shall be disposed of 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.

Article 1087 of the Civil Code

At the time of divorce, the joint property of the husband and wife shall be disposed of 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. For the husband or wife in the family land contract The rights and interests enjoyed in operation shall be protected according to law.

3、 Leave How to divide property after marriage

At the time of divorce, the joint property of the husband and wife shall be divided by both parties through consultation. If the consultation fails, the husband and wife may bring a lawsuit to the people's court, which shall make a judgment. Personal property shall not participate in the division, unless otherwise agreed by both parties. The following property acquired by husband and wife during the period of their marriage shall be their common property and shall be jointly owned by them:

(I) wages Bonus and labor remuneration;

（2） Income from production, operation and investment;

(III) intellectual property right Income;

(IV) inherit Or donated property, except as provided for in Item 3 of Article 1063 of this Law;

（5） Other properties that should be jointly owned.

Husband and wife have equal rights to dispose of their common property.

The following property is the personal property of the husband and wife:

（1） Premarital property of one party;

（2） One party suffers Personal injury Compensation or compensation obtained;

(III) will perhaps Gift contract Property that is determined to belong to one party only;

（4） Daily necessities for one party;

（5） Other properties that should belong to one party.

Article 1062 of the Civil Code: The following property acquired by husband and wife during their marriage shall be the joint property of husband and wife and shall be jointly owned by them:

（1） Wages, bonuses and labor remuneration;

（2） Income from production, operation and investment;

（3） Income from intellectual property;

（4） Property inherited or donated, except as provided for in Item 3 of Article 1063 of this Law;

（5） Other properties that should be jointly owned.

Husband and wife have equal rights to dispose of their common property.

Article 1063 of the Civil Code:

（1） Premarital property of one party;

（2） Compensation or compensation obtained by one party for personal injury;

（3） The property specified in the will or gift contract to belong to only one party;

（4） Daily necessities for one party;

（5） Other properties that should belong to one party.

Article 1087 of the Civil Code

At the time of divorce, the joint property of the husband and wife shall be disposed of 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.

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