Beijing Divorce Lawyer In the process of divorce, the division of the joint property of the husband and wife is a core issue. How to divide the joint property of husband and wife fairly and reasonably, not only to protect the legitimate rights and interests of both parties, but also to avoid unnecessary disputes, is a worthy problem. This article will answer this question in detail from the perspective of a professional lawyer.
1. Determination of the joint property of husband and wife.
Joint property of husband and wife refers to the property acquired during the existence of the marital relationship, including but not limited to: wages, bonuses, production and operation income, intellectual property income, inheritance or gift property, etc. When determining the joint property of the husband and wife, it is necessary to pay attention to factors such as the time when the property was acquired and whether it is the income of the joint labor of the husband and wife.
2. The principle of division of joint property between husband and wife.
When dividing the joint property of the husband and wife, the following principles should be observed:
Principle of equal distribution: Unless otherwise agreed by the parties or otherwise provided by law, the joint property of the husband and wife shall be equally divided.
Principle of care for the rights and interests of the child, the woman and the innocent party: In the division of property, priority should be given to the cost of child support and the financial needs of the woman. At the same time, appropriate care should also be given to the innocent party in the marriage relationship.
Principle of damages for divorce: If one party has committed serious wrongdoings such as bigamy, cohabitation, domestic violence, abuse or abandonment of family members, the innocent party has the right to claim damages.
3. Methods for dividing the joint property of husband and wife.
In practice, the division of marital property may be carried out in the following ways:
Physical division: For property that can be divided into independent parts, such as furniture, household appliances, etc., it can be directly divided in kind.
Value compensation: For property that cannot be divided in kind, its value can be determined through appraisal, and then one party will give the other party corresponding economic compensation.
Valuation agreement: The parties can negotiate to determine the value of the property and reach an agreement to simplify the division process.
Auction division: For properties whose value is difficult to determine, the value can be determined by auction and divided.
4. Precautions for the division of joint property between husband and wife.
When dealing with the division of marital property, it is necessary to pay attention to the following issues:
The nature of the property to be determined in accordance with the law: Some property may be personal property or joint family property and need to be determined in accordance with the law.
Protect the rights and interests of the vulnerable party: When dividing property, attention should be paid to protecting the legitimate rights and interests of the vulnerable party.