The same property managed and used by husband and wife in two places shall be owned by the manager and the user respectively when divided; If the difference is large, the party with more property shall compensate the other party with property equivalent to the difference. If the registered marriage has not yet lived together, and the bride price is paid according to the custom, or if the payment before marriage causes difficulties to the payer, the other party may be required to return the bride price at the time of marriage. If a divorced party partners with others with the same property as husband and wife, the partnership property can be owned by one party, and the party sharing the partnership property shall compensate the other party with half of the value of the property entering the partnership enterprise.
1. At the time of divorce, on the premise of facilitating the development of production and operation, the non-profit aquaculture and planting jointly operated by husband and wife in that year shall be reasonably divided or discounted. Both parties repair, decorate, demolish and build houses owned by one party before marriage, and the property rights will not change when divorced. The owner shall compensate the other party for the diffusion part belonging to the other party at a discount. Property acquired through marriage, such as short marriage time at the time of divorce, or life difficulties for the other party due to property needs. Can be returned as appropriate. It is difficult to determine whether the acquired property is a creditor's right or a gift, and it can be treated as a gift. Houses shared by husband and wife that are not suitable for separate use shall be allocated to one party according to the housing situation of both parties and the principle of taking care of children or the innocent party. One party who owns the house should compensate the other party for half the value of the house. If both parties have the same conditions, they should take care of the woman.
2. If one party fails to obtain economic benefits from intellectual property rights at the time of divorce, when the husband and wife divide the property, the other party shall give appropriate care according to the specific circumstances. Personal property before marriage is naturally damaged, consumed or lost in married life, and if one party claims compensation with marital property during divorce, it will not be supported. In principle, the property that belongs to the husband and wife after marriage will be divided equally when divorcing, but in fact, the specific situation should be considered. For example, the distribution of jointly operated farms cannot be split in two. Generally, it will be distributed to the side that is more conducive to the development of the farm, and the other side will be discounted. Married people who have not lived together may claim compensation for the difficulties caused by the bride price.
3. Specifically, the scope of the same property of husband and wife includes: salary and bonus. "Wage" refers to all kinds of labor remuneration calculated according to the total national wages, including standard wages and various bonuses, allowances and subsidies. "Bonus" means that the state, government and other authoritative institutions give a certain amount of monetary rewards to specific subjects who have made special contributions or achieved excellent results, such as athletes' ranking awards. And scientific research achievement award. These bonuses should belong to the property of husband and wife. Income from production and operation. Income from production and operation refers to the income obtained by citizens engaged in production and operation activities within the scope permitted by law. The Civil Code strengthens the protection of personal property, involving the ownership of the investment and business income of husband and wife's personal property. The legal matrimonial property system in China is matrimonial property system.
4. Intellectual property income Intellectual property rights are people's exclusive rights to their intellectual creations according to law. Although intellectual property is intangible, it is a kind of "right property right" that can bring wealth. Therefore, in the current divorce cases, the intellectual property involved can also be divided into the joint property of husband and wife. But this does not mean that all the rights in intellectual property rights can be enjoyed by couples. Because intellectual property is the result of people's intellectual creation, starting from the principle of fairness, we should take care of the rights and interests of the labor party. In addition, from the perspective of giving full play to the social and economic benefits of intellectual property rights, protecting the integrity of intellectual property rights, the order in the field of intellectual property rights, and being conducive to economic development, the party that does not pay the remuneration for intellectual labor only enjoys the right to divide the property actually obtained according to intellectual property rights.