Definition of community property.
Joint property refers to the property jointly acquired by the husband and wife during the existence of the marital relationship, including wages, bonuses, real estate, vehicles, savings, investments, etc. These properties, whether acquired in the name of one of the spouses or both spouses, are joint property of the spouses.
The principle of division of marital property.
In the event of a divorce, the division of the joint property of the husband and wife shall be governed by the following principles:
Principle of equality: Both husband and wife should divide the joint property equally, regardless of the size of the property and the size of the contribution.
Principle of fairness: When dividing property, the actual situation and needs of both husband and wife should be taken into account to ensure that the result of the division is fair and reasonable.
Protection of the innocent party principle: If the divorce is due to the fault of one party, then the interests of the innocent party should be duly taken into account when dividing the property.
The specific division of the joint property of the husband and wife.
The specific division of the joint property of the husband and wife can be determined according to the results of the negotiation between the parties or the court decision. Here are some common splits:
Partition by agreement: The husband and wife can reach an agreement through negotiation to determine the division of the property on their own. This method is more flexible and can be divided according to the actual situation and needs of both parties.
For example, if a husband and wife share a property and a car, the parties can negotiate to decide that the property is owned by one party and the car is owned by the other party, or the property is divided equally.
Judgment division: If the spouses cannot agree on the division of property, they can file a lawsuit with the court, which will make a judgment in accordance with the relevant regulations.
For example, in a court judgment, the court may consider factors such as the income status of the husband and wife, the property**, and the size of their contributions, and make a fair and reasonable division of the joint property. For example, a court may award that the property is owned by one party but require that party to pay a certain amount of compensation to the other party.
With regard to the division of joint property between husband and wife, there are corresponding laws and regulations at the national and local levels. Here are some of the regulations that may be involved:
Civil Code of the People's Republic of ChinaThe law stipulates the basic system and principles of joint property of husband and wife, including the identification, management and division of joint property of husband and wife.
Marriage Law of the People's Republic of China(Repealed and replaced by the Marriage and Family Section of the Civil Code): The original Marriage Law provided in detail the methods and procedures for the division of the joint property of the husband and wife in the event of divorce. Although the law has been repealed, its relevant provisions are still instructive.