Is the jewelry of divorced children common property?

1. Is the jewelry of divorced children the same property? Whether jewelry belongs to the joint property of husband and wife is not clearly stipulated in the legal provisions. Yang, the chief lawyer of Beijing Law Firm, believes that jewelry, as a division of property, can be divided into two categories: one is jewelry purchased at the time of engagement; The other kind is jewelry bought after marriage. Jewelry given by the man as a bride price belongs to both husband and wife after legal registration, and belongs to the woman's personal pre-marital property before registration. It also includes jewelry purchased before marriage, and jewelry that does not belong to the same property purchased after marriage. According to the provisions of Article 18 of the Marriage Law, the daily necessities for one party are the property of husband and wife. Among them, "special articles for daily use" means that the value of articles is mainly reflected in their personal attachment and exclusive. The basis of judgment is that others can't reflect the main value of goods when using them. Although the gold and silver jewelry mentioned in this case belongs to your personal use, because of its great value and weak personal attachment, in judicial practice, it should be regarded as husband and wife sharing property equally. Second, the characteristics of 1. Husband and wife are the subject of the same property, and they are husband and wife. Men and women who have not formed a marriage relationship, such as unmarried cohabitation, extramarital cohabitation, invalid marriage or revoked marriage, cannot become the subject of the same property. 2. The joint property of husband and wife is the property acquired during the marriage relationship, and the pre-marital property does not belong to the joint property of husband and wife. During the period of marriage, from the date of conclusion of legal marriage to the effective date of death or divorce of one spouse. 3. The source of the joint property of husband and wife is the property acquired by both husband and wife or one of them, including both the property acquired by husband and wife through labor and other legal property acquired by non-labor. Of course, unless the law directly stipulates that it is personal property or the husband and wife agree that it is personal property. The "income" mentioned here refers to the acquisition of property rights and does not require the actual possession of property. If one party obtains some property such as the manuscript fee before marriage, but it does not actually obtain it, the manuscript fee after marriage shall be paid by the publishing house. At this time, the manuscript fee does not belong to the joint property of husband and wife. Similarly, if the publishing house promises to pay a fee after marriage, but does not get the fee until the marriage is dissolved, then the fee also belongs to the husband and wife's property. 4. Husband and wife have equal ownership of the same property, and both parties have equal rights and assume equal obligations. Husband and wife have equal rights to dispose of all property. In particular, unless otherwise agreed, the husband and wife shall obtain the consent of the other party for the disposal of the same property. 5. Property that cannot be proved to belong to one spouse is presumed to be the joint property of husband and wife. The Supreme People's Court 1993 1 1 Several Specific Opinions of People's Courts on Handling the Division of Property in the Trial of Divorce Cases (hereinafter referred to as "Opinions") stipulates: "If it is difficult to determine the personal property or the joint property of husband and wife, the party claiming rights has the responsibility to prove it. If the parties can't produce strong evidence and the people's court can't verify it, it shall be treated as the joint property of the husband and wife. " This provision is the legal embodiment of this principle. There are similar regulations abroad. Article 226 of the Swiss Civil Code stipulates: "Any property that has no evidence to prove that it belongs to the personal property of one spouse is regarded as the joint property of the husband and wife." 6. The division of marital property should be divided equally in principle. According to the actual needs of production and life, the source of property. , handled by both parties through consultation. If the agreement fails, the people's court shall, according to the specific circumstances of the property, take care of the rights and interests of children and women and make a judgment. 7. If one of the spouses dies and divides the estate, half of the marital property shall be given to the other spouse first, and the rest shall be the estate of the deceased, which shall be handled according to the inheritance law. With the rising divorce rate in China, more and more couples choose to divorce because of emotional discord, so it is necessary to divide the marital property when handling divorce procedures. However, when handling divorce procedures, disputes often arise because of uneven division of property. At this time, if negotiation fails, it can be solved through litigation.