How to divide the property under the new marriage law?
The first thing that needs to be corrected is that there is no new marriage law, and the current law on marriage and divorce is the Civil Code, and the fifth part of the Civil Code, "Marriage and Family", stipulates marriage, divorce, family relations, adoption, etc.
1. The principle of division of real estate in the Civil Code.
1.The principle of community of property.
Unless otherwise agreed, the property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife. Therefore, when dividing the property, it is first necessary to clarify whether the property belongs to the joint property of the husband and wife. If the property is joint property, then it should be disposed of in accordance with the principle of community property when dividing.
2.Principle of equal division.
In the division of the joint property of the husband and wife, the principle of equal division should be observed. In other words, when dividing the property, it should be comprehensively considered according to the contribution of the husband and wife, the maintenance of the property during the marriage, and other factors, so as to achieve equal division as much as possible.
3.The principle of taking care of the woman.
In the division of the joint property of the husband and wife, the woman should be taken care of. This is because women tend to take on more housework and childcare responsibilities in marriage, so when the property is divided, proper care should be taken for the woman.
2. The specific provisions on the division of real estate in the Civil Code.
1.Property purchased before marriage.
If the property was purchased before the marriage, then the property is personal property and not joint property. Therefore, in the event of a divorce, the property should not be divided. However, if both parties have contributed jointly at the time of the purchase of the house before the marriage, then the property should be considered as the joint property of the husband and wife and divided according to the principle of community property.
2.Property purchased after marriage.
If the property is purchased after the marriage, then the property is joint property. In the event of a divorce, the property should be divided according to the principle of community property. The specific division ratio should be based on factors such as the contribution of both spouses and the maintenance of the property during the marriage.
3.A property gifted by a parent.
If the property was gifted by the parents, then the property should be considered personal property. However, if the parents have expressly stated that the property was gifted to both spouses, then the property should be considered community property. In the event of a divorce, the property should be divided according to the principle of community property.
4.Property acquired by inheritance or gift.
If the property was acquired by inheritance or gift during the marriage, the property should be considered as a joint property, but the property that is determined in the will or gift contract to belong to only one party is considered personal property.
3. Precautions for the division of real estate under the Civil Code.
1.Evidence collection.
When dividing the production of the first production, it is necessary to collect sufficient evidence to prove one's claim. For example, the purchase contract, payment records, house title deeds, etc., are all important pieces of evidence. At the same time, it is also necessary to pay attention to the integrity and authenticity of the preserved evidence.
2.Appraisal value.
When the property is divided, the value of the property needs to be evaluated. The appraised value should be considered based on factors such as the market**, geographical location, and the condition of the property. At the same time, the selection of the evaluation agency should also be carefully selected to ensure the fairness and accuracy of the assessment results.
3.Negotiate a settlement.
In the division of production and production, the two parties should negotiate and settle as much as possible. If both parties can reach an agreement, then unnecessary disputes and lawsuits can be avoided. At the same time, a negotiated settlement can also save time and money for both parties.