Lawyer Chen Mei, the founder and chief lawyer of Jiangsu Cai Hua Law Firm, specializes in criminal defense such as bail pending trial, probation, non-prosecution, innocent defense, divorce property division and equity transfer. Proficient in the process and skills of handling litigation disputes, good at communicating with the investigators of public security law, and good at preventing legal risks in the company's equity transfer.
China's divorce property division needs specific analysis. The personal property of one party is still owned by the individual without special agreement and will not be divided. For couples who own the same property, if both parties have a prenuptial agreement, or reach a * * * understanding when dividing, they will also give priority to respecting the wishes of both parties. If negotiation fails, the court will generally 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.
Division principle
If a husband and wife take on more obligations because of raising children, caring for the elderly and assisting the other spouse in work, they have the right to ask the other spouse to pay compensation at the time of divorce, and the other spouse should pay compensation. Divorce property is generally divided according to the principle of equality, and divorce property is distributed between husband and wife. Husband and wife * * * have property, which should be shared equally, that is to say, husband and wife * * * have property.
The division is equal in principle, and the specific treatment can be different according to the actual needs of production and life and the different sources of property. Articles belonging to individuals are generally owned by individuals. The same property managed and used by husband and wife in two places can generally be owned by the manager and the user respectively when divided. For the disparity, the party with more property can compensate the other party with property equivalent to the disparity.