Divorce is a very painful affair that not only affects the relationship between the parties, but also involves the division of property. And in the property, the most troublesome thing is the distribution of the property.
The house is the common home of the husband and wife, and it is also the greatest wealth, and how to divide it fairly and reasonably in the event of divorce is a concern for many people.
But, you know what?From December this year, there will be a "new standard" for the distribution of property after the divorce of couples, what is this standard?How will it affect your divorce?
1. What is the new standard?
This "new standard" is actually the Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code"), which is the first law named after the code in China, which involves the provisions on the division of real estate after the divorce of husband and wife, mainly the following points:
1) Personal property before marriage, added after marriage, not necessarily divided equally in divorce.
Article 1058 of the Civil Code stipulates that all the property owned by one of the spouses before marriage, as well as the property acquired after marriage by inheritance, gift, etc., shall be the personal property of that party.
However, if the property owned by one of the spouses before marriage is agreed in writing to be the joint property of the husband and wife with the consent of both parties, it shall be disposed of in accordance with the agreement.
2) The real estate purchased jointly after marriage shall be divided according to the proportion of capital contribution at the time of divorce.
Article 1059 of the Civil Code stipulates that the property jointly owned by the husband and wife after marriage shall be the joint property of the husband and wife.
The scope of joint property of husband and wife includes the salary, production and business income of one or both husband and wife, as well as income from intellectual property rights.
The division of the joint property of the husband and wife shall be based on the principle of equal distribution, but it may be determined through negotiation or requested by the court on the basis of factors such as the degree of contribution of one or both spouses and the needs of their livelihood.
3) The real estate inherited or donated by one party after the marriage shall not be divided in the event of divorce.
Article 1060 of the Civil Code stipulates that the property acquired by one of the spouses by inheritance or gift shall be the personal property of that party. However, if the donor expressly indicates that the gift is made to both husband and wife, it shall be the joint property of the husband and wife.
2. What is the impact of the new standard?
1) Respect the agreement of the husband and wife more.
The Civil Code clearly stipulates that the property owned by one of the spouses before marriage, as well as the property acquired after marriage by inheritance, gift, etc., shall be the personal property of that spouse.
However, if the property owned by one of the spouses before marriage is agreed in writing to be the joint property of the husband and wife with the consent of both parties, it shall be disposed of in accordance with the agreement.
This gives the spouses greater autonomy to agree on property acquired before or after the marriage according to their own wishes, rather than dividing it in accordance with the law.
In this way, it can not only protect the legitimate rights and interests of individuals, but also reflect the trust and love between husband and wife.
2) Pay more attention to the contribution of both husband and wife.
The Civil Code stipulates that the division of the joint property of husband and wife shall be based on the principle of equal distribution, but it may be determined through negotiation or requested by the court according to the degree of contribution of one or both spouses, as well as the living needs and other factors.
This gives the couple more flexibility to determine the proportion of the property according to their own efforts and gains in the marriage, as well as their living situation after the divorce, rather than blindly dividing it equally. In this way, fairness and justice can be reflected, and the actual situation can be taken into account.
3) Pay more attention to the responsibilities of both husband and wife.
The Civil Code stipulates that when a husband and wife divorce, they shall negotiate to resolve the issue of child support. If the negotiation fails, the court shall make a judgment for one or both parties to raise the child based on the rights and interests of the children and the actual circumstances of both parties.
The parent raising the child has the right to request that the other party bear the necessary maintenance. If the parent raising the child has difficulties, he or she may request that the other party pay for housing or provide housing conditions.
If the other party is able, they can share part or all of the property with the parent raising the child, or pay the corresponding rent.
3. How to deal with the new standard?
1) Try to avoid divorce.
Divorce is a very hurtful thing, whether it is for both husband and wife, or for children, it will cause a lot of harm.
Moreover, after the divorce, you may face a lot of difficulties and troubles, such as the division of real estate, the maintenance of children, the reconstruction of life, etc.
Therefore, if there is still room for salvation in your marriage, you should try to avoid divorce, work hard to preserve your marriage and family, and don't give up your love and responsibilities easily.
2) Try to negotiate a divorce.
If your marriage is no longer possible and you decide to divorce, then you should try to negotiate a divorce instead of a litigated divorce.
The advantage of a negotiated divorce is that you can communicate amicably with the other party and reach an agreement that is acceptable to both parties, including the division of the property, the maintenance of children, the distribution of property, etc.
In this way, you can save time and energy, reduce disputes and conflicts, and also protect your privacy and dignity and start your new life better.
3) Try to comply with the law.
If you and the other party cannot negotiate a divorce and can only file a divorce, then you should try to abide by the law, respect the court's judgment, and do not change or refuse to enforce it without authorization.
The Civil Code is the basic law of our country, it is the most powerful to protect your rights and interests, and it is also the most stringent norm to restrain your responsibilities.
If you break the law, or if you disagree with a court decision, you may be punished by the law or cause a bigger dispute, which is not good for you and your children.
Conclusion: This standard is not only conducive to protecting the legitimate rights and interests of both husband and wife, but also conducive to maintaining the stability of marriage and family, and also conducive to promoting social harmony.
If you want to get a divorce, or have already divorced, you should understand this standard and reasonably handle the division of the property according to your actual situation.