The distribution of property after divorce is as follows:
1, first of all, both parties negotiate. The law allows couples to negotiate their own property issues during divorce. The negotiation between the two parties can be an agreement made by both parties during the marriage relationship, or an agreement on the division of property during divorce;
2. If no agreement is reached, the court will make a judgment on the premise of distinguishing between personal property and marital property, according to the specific circumstances of the property, and in line with the principle of taking care of the rights and interests of children, women and innocent parties. Details are as follows:
(1) Husband and wife have equal rights to dispose of all the property of * * * *, and the property of husband and wife shall be shared equally without fault of both parties, taking care of the rights and interests of children and women;
(2) If one party conceals, transfers, sells, damages, squanders the joint property of husband and wife or forges the joint debt of husband and wife in an attempt to occupy the property of the other party, then when dividing the property, it can be divided into less or no points. Whether the score is small or not, the specific amount of the score is small, which is discretionary by the judge according to the specific circumstances of the case and the evidence materials.
How to identify real estate as joint property of husband and wife?
According to the provisions of the current General Principles of the Civil Law and the Interpretation of the Civil Law, combined with various situations in reality, the couple's real estate is mainly identified through the following situations:
1. Public houses, commercial houses, affordable houses and private houses purchased by husband and wife during their marriage;
2. Houses rented by one spouse before marriage and purchased by the husband and wife with the same property after marriage;
3. Public houses, commercial houses, affordable housing and other houses purchased with the savings of both men and women before marriage;
4. Houses purchased or built by one party before marriage and rebuilt by * * * with property rights organization after marriage; Only part of the renovation and expansion, the renovation and expansion part belongs to both husband and wife;
5. The house purchased by parents before marriage clearly indicates that it is given to both husband and wife;
6. The house purchased by parents for both parties after marriage is not clearly indicated as a gift to the man or woman;
7. The house inherited by one or both parties during the marriage relationship belongs to the husband and wife, except that it is determined in the will that it belongs only to the husband or wife;
8, the work unit according to the labor and personnel relations of employees, employees' length of service and other forms of welfare housing, as well as employees' welfare housing purchased by both husband and wife.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
People's Republic of China (PRC) and the Civil Code
Article 1087
At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.