The new marriage law 2022 divides the divorced property. We know that marriage is the most fragile thing, so we need to "maintain" this relationship, and we also need two people to work together to maintain it. So many people will get divorced. The following is the new marriage law 2022 divorce property division.
The new marriage law 2022 divorce property division 1 divorce property division is the legal consequence of divorce. The law allows husband and wife to deal with property issues through consultation in divorce. If no agreement can be reached, the court will make a judgment based on the principle of taking care of the rights and interests of children and women. The division of husband and wife's property is different under different property systems, so the nature of property should be clarified first.
According to Article 1065 of the Civil Code, husband and wife can make an agreement on the ownership of the property acquired during the marriage relationship and the property before marriage, or jointly owned by * * * *, or partly owned by * * * *.
If the husband and wife agree to implement their own property system, then the ownership of the property is relatively clear, and the key to disputes lies in proof. When it is difficult to determine personal property or joint property of husband and wife, the party claiming rights shall bear the burden of proof; If the parties can't produce strong evidence, the court can't verify it, and it is generally treated as the joint property of husband and wife.
If there is no agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage, it shall be the property of one of the spouses, except as stipulated in Article 1063 of the Civil Code (Article 1063 of the Civil Code stipulates one of the following circumstances):
(1) one party's premarital property;
(2) Medical expenses, living allowance for the disabled, etc. Obtained by one party due to physical injury;
(3) Property determined to belong only to the husband or wife in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party), which belongs to the joint property of husband and wife, shall be divided according to the provisions on taking care of children and women's rights and interests.
If the husband and wife agree that the property during the marriage relationship and before marriage is the joint property of the husband and wife, the property that can be divided at the time of divorce includes not only the property obtained after marriage, but also the personal property of the husband and wife before marriage. If the husband and wife agree that part of the property and pre-marital property obtained during the marriage relationship belongs to themselves and part belongs to * * *, when dividing the property at the time of divorce, the scope of personal property and * * * property should be defined according to the agreement of the husband and wife before dividing the * * * property.
The new marriage law 2022 divorce property division 2 marriage law has been abolished, and marriage-related issues need to be implemented in accordance with the provisions of the Civil Code and the judicial interpretation of marriage and family in the Civil Code.
According to the provisions of the Civil Code, when a husband and wife divorce, the * * * and the property shall be divided by both parties through consultation. If negotiation fails, a lawsuit can be brought to the people's court, and the court will make a judgment.
Under normal circumstances, the court will make a judgment according to the following circumstances:
1. Same property during marriage: salary and bonus; Income from production and operation; Intellectual property income; Property acquired through inheritance or gift; Other property that should be owned by husband and wife;
2. Property of one spouse: pre-marital property of one spouse; Medical expenses, living allowance for the disabled and other expenses obtained by one party due to physical injury; Property that belongs only to the husband or wife is determined in the will or gift contract; Articles for daily use dedicated by one party; Other property that should belong to one party.
3. Both husband and wife can notarize the property before marriage, clarify which property is personal property, and also agree which property belongs to husband and wife and which belongs to individuals during the existence of the relationship between husband and wife, preferably in the form of a written agreement.
4. Special property. During the marriage, if the demobilized soldiers have been married for more than 10 years, they should be divided according to the property owned by both husband and wife. The medical subsidies and production subsidies brought back by demobilized soldiers from the army should be owned by themselves.
5. Houses shared by husband and wife that are not suitable for split use should be allocated to one party according to the housing situation of both parties and the principle of caring for and raising children or the innocent party. The party who gets the house should compensate the other party for half the value of the house. On the condition that both parties are equal, the woman should be taken care of.
6. If one party illegally hides or transfers the property of husband and wife, refuses to hand it over or illegally sells or damages it, when dividing the property, the party who hides, transfers, sells or damages the property will be given little or no share.
Article 1087 of the Civil Code of People's Republic of China (PRC)
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.
New Marriage Law 2022 Divorce Property Division 3 "Marriage Law" clarifies that the joint property of husband and wife is acquired during the existence of the relationship between husband and wife, and specifies the contents of the joint property of husband and wife in an enumerated and summarized way. The law also stipulates that there are two ways for husband and wife to divide property: agreement division and judgment division At that time, if both parties had a legal marriage property agreement, the agreement would prevail. The unique property of one party belongs to itself. The property jointly owned by husband and wife should generally be divided equally, or not if necessary. In case of dispute, the people's court shall make a judgment according to law.
Paragraph 2 of Article 19 of the Marriage Law stipulates that "the property acquired by husband and wife during the marriage relationship and their agreements are binding on both parties". That is, once the property is agreed to be owned by the husband and wife, it has legal effect and cannot be changed at will.
In the existing marital property system stipulated in the Marriage Law of the People's Republic of China, the marital property system and the marital property agreement system have been established. According to the content of marital property system in China, marital property in China consists of legal marital property and agreed marital property. Details are as follows:
1. Statutory. Husband and wife have the same property;
Article 17 of the Marriage Law clearly stipulates: "The following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife:
(1) Wages and bonuses;
(2) Income from production and operation;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law;
(five) other property that should be owned by * * * "; Specifically, the scope of marital property includes:
(1) salary and bonus.
"Wage" refers to all kinds of labor remuneration calculated according to the national statistics of the total on-the-job wages, including standard wages, bonuses, allowances and subsidies with prescribed standards. "Bonus" refers to a certain amount of monetary rewards given by the state, government and other authoritative institutions to specific subjects who have made special contributions or achieved excellent results, such as athletes' ranking awards and scientific research achievement awards. These bonuses should be included in the joint property of husband and wife.
(2) 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 new marriage law strengthens the protection of personal property, involving the ownership of the income from the investment and operation of husband and wife's personal property. The legal marital property system in China is that the income after marriage is the same, so if there is no legal agreement, the income after marriage (including personal investment income) should be the joint property of husband and wife.
(3) the benefits of intellectual property rights
Intellectual property rights are people's exclusive rights to their intellectual achievements according to law. Although intellectual property rights are intangible, they are all "real rights with rights as the subject matter" that can bring wealth, so in the current divorce cases, the intellectual property rights involved can also be divided as husband and wife property. But this does not mean that all the rights in intellectual property rights can be enjoyed by couples.
Because intellectual property rights are based on the results 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 who has not paid intellectual labor can only enjoy the right to divide the actually obtained property according to intellectual property rights.
As for personal rights, performance rights, broadcasting rights, distribution rights, adaptation rights, translation rights, annotation rights and other rights. In copyright, such as the right to apply for a patent, the right to use it, the right to sell it, the right to use it in trademark rights, and the right to prohibit others from using it. Can't be divided into husband and wife in the patent right. And when dividing the property, the compensation for the party who has not paid intellectual labor should be paid in one lump sum.
(4) Inherited or donated property.
The property acquired by one spouse as a result of inheritance or donation is the common property of husband and wife, but if the decedent or donor can clearly belong to only one spouse, the law protects the right to dispose of private property. This special designation has legal effect and is protected by law.
(5) Income obtained by one party through personal property investment.
. The income obtained by one party investing in personal property refers to the material benefits obtained by the husband or wife investing in personal property during the existence of the husband-wife relationship. The income here should refer to fruit.
Personal property here refers to the personal property of husband and wife before marriage and also refers to the personal property of husband and wife after marriage. Investment behavior may occur before marriage or after marriage. The income from one party's investment in personal property must be the actual income obtained during the existence of the husband-wife relationship, excluding the expected income.
(6) Housing subsidies, housing accumulation funds, endowment insurance and bankruptcy resettlement subsidies actually obtained or should be obtained by both men and women.
The above items are closely related to the labor relations and wages of workers. In view of this, these four items should all belong to wage income. It is a supplementary form of workers' wages. Here, the terms "actually obtained" and "should obtained" are also time-limited, that is, the corresponding rights have been "actually obtained" and "should obtained" during the existence of the relationship between husband and wife. That is, the right has been formed, and when it is handed over does not affect the right.