The division of property in divorce disputes

The following property belongs to the Party of personal property

1, Party premarital property.

2, although the two sides marriage registration, but not living together, both sides of the property is still in their possession, use their savings to purchase items before marriage, premarital personal property.

3, the party before marriage, both parents financed the purchase housing, the money shall be determined as a personal gift of their children, but parents expressed both except gift.

4, premarital personal property after marriage lives together natural destruction, consumption, loss, divorce party to the joint property of husband and wife compensation, not support.

5, a party because of physical injuries for medical expenses, disability living allowance for.

6, demobilized soldiers from the army back to the medical subsidies for living, home production subsidies, casualty insurance, disability benefits.

Determination for either husband or wife only property, wills or grant contract 7.

8, a special living supplies.

9, the other party shall return the property.

10, the debt to personal debt: (1) the couple agreed to by the personal burden of debt, but to escape the debt for the purpose of excluding. (2) a party without prior consent of the other, to aid with no support obligations and liabilities. (3) a party without the consent of the other, alone raising engaged in business activities, its income has not been used for the negative life together in debt. (4) the other shall be assumed by an individual debt.

The following property belonging to the joint property of husband and wife

The 1, the marriage wage, bonus.

The 2, the marriage producing, operating income.

3, during the existence of marriage in a personal property investment gains.

The 4 period, the marriage of intellectual property rights of income (actually obtained or have definite property of the gains can be achieved).

Inheritance or gift from 5 during the marriage, property, but wills or grant contract determined except for either husband or wife only.

6, the parties after marriage, both parents financed the purchase housing, the expense should be recognized as a gift to the couple, but parents expressed as a gift one exception.

During the 7 marriage, both men and women actually obtained or should get housing subsidies, housing provident fund.

8, during the existence of marriage, both men and women actually obtained or should obtain the endowment insurance gold, bankruptcy resettlement compensation fees.

9, issued to soldiers under the name of the demobilization fee, choose charges a one-time fee, marriage relationship of husband and wife in years multiplied by the average (annual average, refers to the release of the total amount of the above-mentioned expenses by the actual number of years the amount. The specific number of years for the difference between the actual age of the average life expectancy of seventy years and the military enrollment), the amount of income is the joint property of husband and wife.

10, after the purchase is for personal use, but the larger value of jewelry, books and reference materials, automobile, motorcycle or a party for the self-employed and the purchase of other production information is the common property of the couple.

11, the registration of marriage, not living together, but their marriage income to purchase items or items joint procurement of the joint property of husband and wife.

12, can not prove that the dispute over whether the items to premarital savings to purchase goods, shall be presumed as the common property of the couple.

13 of personal property, or the joint property of husband and wife are difficult to determine, advocate the rights of the party has the burden of proof. The parties could not give evidence, the people's court cannot be verified, according to the couple's joint property processing.

14, one or both husband and wife in the name of others to purchase goods or deposit, to prove that the property is indeed one or both partners investment purchase or savings, and no gift to others the meaning representation, should be identified as the joint property of husband and wife.

In 15, during the marital relationship, has obtained the property rights of one party or both parties, but not the actual acquisition of property, divorce should be treated according to the joint property of husband and wife.

16, by a party before marriage, after marriage with the common property of the purchase of housing, housing ownership certificate is registered in the name of the party, should be identified as the joint property of husband and wife.

17, on the common property of all couples, the right to equal treatment: the husband or wife in the treatment of the joint property of husband and wife on the right is equal. Because of the needs of daily life and the joint property of husband and wife, any party shall have the right to decide. The husband or wife is not needed in the daily life of the common property of the couple make the important decision, couples should be equal consultation, agree. People have reason to believe that the common meaning of both husband and wife, the other party shall not agree or do not know as against a bona fide third party.

18, couples living together or to perform maintenance, maintenance obligations, liabilities, shall be deemed to be the common debts, should be the joint property of husband and wife divorce settlement.

The principle of dividing the joint property of husband and wife

1, equality between men and women, children, the protection of the legitimate rights and interests of the innocent party, care, respect the will of the parties, principles of facilitating production, convenient living, be perfectly logical and reasonable to solve.

2, the joint property of husband and wife, the principle of equal division. According to the production, the actual needs of life and property sources, specific treatment can be differentiated. Belong to the individual special goods, general personal .

3, one of the parties to achieve the purpose of divorce, long out not to have a full year, divorce should be regarded with living conditions.

4, at the time of divorce, one party is hidden, transfer, sale, destroys the couple's joint property, or forges debts in an attempt to seize the property of the other party, the division of common property, to hide, transfer, sale, destroys the couple's joint property or fabricates the debt side, can be less or none. After divorce, the other party found that the above-mentioned acts, may file a lawsuit to the people's court, requesting another division of the couple's joint property. The prescription of claim procedure another division of the couple's joint property for two years, the party finds the calculated from.

5, both sides of male and female agreement within one year after the divorce property division back, requesting the modification or rescission of the agreement on the partitioning of property, the people's court shall accept.

The return of betrothal gifts should be the case

(a) the two sides not to apply for marriage registration formalities;

(two) the marriage registration procedures but did not live together;

(three) before payment and led to two life difficult.

Application of the preceding paragraph (two), (three) the provisions of item, should take the divorce condition.

Treatment for public houses by the divorce disputes

1, the Housing Authority rental of public houses by the parties, if the lease is a party before marriage and housing management sector, both married less than 5 years at the time of divorce, the party shall have the priority of use; the marriage time full 5 years, both sides have the equal right of use.

During 2, the marriage the rental of public houses by the Housing Authority, whether the lessee the lease contract is the husband or wife, shall be deemed to be the couple together, both sides have equal right to use.

3, the lessee shall all public houses by the housing, divorce property unit staff party, had priority; at divorce for workers with the unit, have the equal right of use.

4, lease of public houses by her side, after the lease housing units and housing tenant rights, both sides have the equal right of lease.

5, after one or both parties to apply for public housing tenant rights, both sides have the equal right of lease.

6, Party premarital loan investment housing made public houses by lease, the husband and wife after repayment of loans, both sides have the equal right of lease.

7, couples units built or joint investment of the total purchase housing, both sides have the equal right of lease.

8, a party to the lease of the units of housing, returned to the unit or to other units, other units for replacement housing, both sides have the equal right of lease.

9, before both rent a house, married with replacement housing, both sides have the equal right of lease.

10, the parties to borrow a parent unit allocated to the use of public houses by the parents divorce, have the right to use the people's children a priority.

Treatment principles of both husband and wife can lease of public housing

1, for the upbringing of their children;

2, both men and women in the same conditions, take care of the woman;

3, care for disabled or life difficult for the party;

4, take care of the no fault party;

5, the couple can lease of public houses by and by the side of the lease, the lessee to the other party can give appropriate economic compensation.