How to divide property in divorce

How to divide property in divorce

Divorce property division is one of the most complex and contentious aspects of the divorce process. In recent years, as the divorce rate has increased, the issue of property division has also become a hot topic of social concern. This article will combine the hot topics and hot content in the past 10 days to systematically analyze the legal basis, common problems and actual cases of divorce property division to help readers better understand and deal with this problem.

1. Legal Basis for Divorce Property Division

According to Article 1087 of the Civil Code of the People's Republic of China, in the event of divorce, the joint property of the husband and wife shall be handled by agreement between the parties; if an agreement cannot be reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking into account the rights and interests of the children, the woman and the non-fault party. The following are common property division principles:

2. Popular divorce property division cases in the past 10 days

Recently, a celebrity couple has become a hot topic due to their property division issue, sparking widespread discussion. The following are some hot cases in the past 10 days:

3. Frequently asked questions about property division in divorce

1.Property division problems: How to divide the property that jointly repays the loan after marriage? Does the downpayer have more rights?

2.Conceal property risks: What should I do if one party transfers or conceals property? It can be resolved through lawyer investigation or court evidence collection.

3.Debt assumption disputes: How to distinguish personal debts from joint debts? Proof of borrowing purpose is required.

4.The relationship between child support and property division: Can the parent raising the children divide more property? The law tends to give priority to protecting the rights and interests of children.

4. How to avoid property division disputes?

1.Sign a prenuptial agreement: Clarify the ownership of pre-marital property and reduce disputes.

2.Keep financial documents: Evidence such as house purchase contract and bank statements can help define the property.

3.Negotiation takes priority: Reaching an agreement through mediation or lawyer assistance is more efficient than litigation.

4.Consult a professional lawyer: Complex property division requires guidance from legal professionals.

Summarize

Divorce property division involves multiple legal, emotional and financial factors and needs to be treated rationally. Only by understanding the legal provisions, paying attention to typical cases, and planning in advance can you protect your rights and interests to the maximum extent. Regardless of whether you choose agreement or litigation, the principle of fairness should be followed to reduce unnecessary conflicts.