How to distribute property in divorce
In recent years, the divorce rate has been increasing year by year, and the distribution of divorce assets has become a hot topic of social concern. Whether it is a celebrity divorce case or an ordinary family property dispute, the issue of property distribution affects the hearts of countless people. This article will combine the hot topics and hot content on the Internet in the past 10 days to provide you with a detailed analysis of issues related to divorce property distribution.
1. Basic principles of property distribution in divorce
According to the relevant provisions of the Civil Code of the People's Republic of China, the distribution of divorce property mainly follows the following principles:
| principles | Specific content |
|---|---|
| principle of equality | Both spouses have equal rights to joint property upon divorce |
| Principles of taking care of children and women’s rights | The rights of the children and the woman should be properly taken into consideration when distributing property. |
| no-fault principle | The non-fault party can be given an appropriate share of the property |
| compensation principle | The party who contributes more to the family can claim compensation |
2. Determination of joint property between husband and wife
In the distribution of property in divorce, it is first necessary to clarify which properties belong to the joint property of the husband and wife. According to the law:
| property type | Is it a common property? | Description |
|---|---|---|
| salary, bonus | Yes | Income during the marriage |
| Production and operating income | Yes | Including income from individual industrial and commercial households, etc. |
| Intellectual property income | Yes | Income actually obtained or clearly obtainable during the marriage relationship |
| Inherited or donated property | It depends on the situation | Anything not explicitly given to one party is deemed to be community property. |
| premarital property | No | Belongs to personal property |
3. Specific methods of property distribution in divorce
In actual practice, there are mainly the following ways to distribute property in divorce:
| Distribution method | Applicable situations | Things to note |
|---|---|---|
| protocol distribution | Both parties can reach an agreement | A written agreement is required |
| court decision | Negotiation failed | The judge decides based on the specific circumstances |
| auction allocation | Property should not be divided | Distribute the price after the auction |
4. Analysis of recent hot cases
Several divorce property distribution cases that have been hotly discussed on the Internet recently:
| Case | focus of controversy | final result |
|---|---|---|
| Divorce case of a certain celebrity | huge property division | Both parties reached a settlement agreement |
| Divorce case of an entrepreneur | Company equity split | The court ruled that equity shares should be distributed proportionally |
| Divorce case of an internet celebrity | We-media account ownership | Determined as common property and divided |
5. Things to note when distributing property in divorce
1.property preservation: Before divorce proceedings, in order to prevent the other party from transferring property, you can apply for property preservation.
2.evidence collection: Collect relevant property evidence, including bank statements, real estate certificates, investment certificates, etc.
3.Debt handling: Clearly distinguish between personal debts and joint debts to avoid taking on unnecessary debts.
4.tax issues: Property division may involve tax issues, so you need to understand relevant regulations in advance.
5.child support: Property distribution should be considered together with child support issues.
6. Expert advice
Legal experts recommend that when facing divorce property distribution issues:
1. Stay rational and avoid emotional decision-making.
2. Consult a professional lawyer to understand your rights.
3. Try to resolve disputes through negotiation and reduce litigation costs.
4. Pay attention to the implementation issues after property division.
5. Pay attention to protecting personal privacy and avoid over-exposure.
Divorce property distribution is a complex process involving legal, emotional, financial and other factors. I hope this article can help everyone better understand the relevant legal provisions and be able to safeguard their legitimate rights and interests when facing similar problems. No matter what the outcome is, I hope everyone can face it rationally and start a new life.
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