How to distribute the property of separation and divorce? Divorce divorce property division only divides the part of the same property that is shared by husband and wife, and it is not allowed to divide the property belonging to husband and wife. The assets and interests generated during the existence of the relationship between husband and wife belong to the common property of husband and wife and can be divided.
What is the division of property after two years of separation?
(1) The assets and interests generated during the existence of the relationship between husband and wife belong to the joint property of husband and wife, and the joint property of husband and wife will be divided upon divorce. The joint property of husband and wife includes, but is not limited to, the following assets: deposits (including wages, operating income, rental subsidies, provident funds, pensions, closure and settling-in expenses), cash, real estate, motor vehicles, personal stocks, company equity, bonds, patent profits, debts, precious paintings and calligraphy, various gold jewelry and furniture, and household appliances.
(two) the standard of property division for joint divorce:
1, abide by commitments, including pre-marital property commitments and marital property commitments (such as AA system).
2. Equal sharing, that is, in the case of general and special commitments to assets, both husband and wife will share 50% of the same property;
3, both weak and women's interests, weak refers to the following situations: for example, difficulties in daily life after divorce; A person is sick; Divorce is because one party has the intervention of a third party, and because one party is at fault and the other party is relatively weak; Divorce is because men are violent and women are weak. When there is weakness, when dividing assets, it is basically moderately inclined to the weakness;
4. In case of divorce, one party conceals, moves, sells off, damages the property of the husband and wife or forges debts, and the other party can pay less or unclear.
(3) For the real estate industry that one party has made a specific mortgage loan before marriage, and the real estate industry has been divided into two parts after marriage, under normal circumstances, the ratio of joint mortgage payment to the total principal and interest of the real estate loan should be calculated based on the transaction price of the real estate industry at the time of divorce. According to this ratio, the transaction price of the real estate industry multiplied by the personal data obtained is the same property interest of the husband and wife, and this part of interest should be divided into the same property and mortgaged.
What are the methods of divorce property division?
Divorce property division after divorce includes:
(a) commodity segmentation, that is, the specific distribution of assets without endangering their efficacy, use value and special main uses. Each other obtains labor-derived assets according to its divided market share.
(2) Discount rate compensation, that is, one spouse gets the existing property and the other spouse gets the compensation equivalent to half the price of the existing property. Will it be good to remarry after divorce? The price of the existing property can be determined through negotiation between both parties. If negotiation fails, it can be evaluated and subdivided according to the clearly evaluated use value.
(3) Divide the price into gold, that is, auction the existing things and divide the personal income with each other. Price division is an applicable division method when both parties do not think that the right to use the existing property or the existing property cannot be divided or it is not conducive to the efficacy, use value and special main use of its assets after division.
In divorce cases, due to the division of cash and deposits, most defendants are not easy to disagree. However, when the husband and wife share property, including real estate, antique calligraphy and painting and other assets with high value-added development potential, it is difficult to reach a * * * understanding. How to judge the emotional breakdown in divorce? When you encounter such a situation, you should know clearly how to deal with it, which is beneficial to you.