Divorce how to distribute family property

Legal analysis: first of all, the property of husband and wife is divided into husband and wife **** the same property and one party's personal property. In the event of divorce, both spouses must divide the husband and wife **** the same property, but their personal property is not required to be divided. For how to legally divide the husband and wife *** same property, in accordance with the principle of autonomy, should be first by the husband and wife for independent negotiation, generally one person and a half, for real estate and other high value of the property, but also according to the proportion of the purchase of the contribution to the division. At the same time should also take into account the legitimate rights and interests of the party not at fault, the woman and the children. If the agreement fails, the court will only divide the property according to the actual situation, and will generally take into account other circumstances, such as whether the two parties are at fault in the marriage, on the principle of one person sharing half of the property.

Legal basis: "Chinese People's *** and National Code" Article 1,087 divorce, husband and wife's *** with the property by mutual agreement; agreement fails, by the people's court in accordance with the specific circumstances of the property, in accordance with the principle of taking care of the children, the woman and the rights and interests of the party not at fault judgment. The rights and interests of the husband or wife in the family land contract management shall be protected in accordance with the law.