What are the principles for determining the distribution of property?

What are the principles for determining the distribution of property?

What are the principles for determining the distribution of property? When dealing with the property of husband and wife, everyone will generally divide the property according to their actual situation. Of course, it is best to follow the distribution principle stipulated by law. The following are the determination principles and related information to understand what property distribution is.

What are the principles for determining the distribution of property? 1 dividing the same property between husband and wife is directly related to the vital interests of both divorced parties. According to the law and the relevant provisions of the Supreme People's Court, the following principles should be implemented in dividing the joint property of husband and wife:

1, adhere to the principle of equality between men and women

In a family, the income ratio of husband and wife is mostly different, generally showing that the man's economic income is higher than that of the woman. However, when dividing the same property, both parties should have equal rights, and they should not give less or no property to the woman because of her low economic income and no economic income. Both husband and wife have equal ownership of all the property of * * *, and at the time of divorce, either party has equal rights to divide the property of * * * according to law.

To understand this principle, we should pay attention to the following three aspects: first, the property jointly owned by husband and wife is the property jointly owned by both parties, and both parties enjoy equal rights to possess, use, benefit and dispose of these properties regardless of their source. Second, both husband and wife enjoy equal rights and interests in the same property, which does not mean encouraging absolute egalitarianism. Third, both husband and wife should bear corresponding obligations while enjoying their own property.

2. Adhere to the principle of taking care of the interests of children and women.

In principle, husband and wife should share all property equally. However, there is still a certain gap between women's economic conditions and men's. Only by properly taking care of the interests of women and children in the world can we ensure the decline and difficulties of living standards brought about by property division and ensure the healthy growth of children.

The Civil Code pays more attention to the protection of children's rights and interests. This is because the divorce of parents will have a certain impact on the life and study of underage children, and also make the next generation grow up healthily. When the husband and wife divide the same property, the spouse who raises minor children will get more property.

Take care of the practical needs of children. This principle means that when divorcing and dividing husband and wife's property, on the one hand, the legitimate rights and interests of children and women should not be infringed; On the other hand, necessary care should be given according to the woman's economic situation and the actual needs of her children.

3. The principle of taking care of the innocent party

The law does not stipulate what is the connotation of no fault, that is, what is no fault? There are two explanations here: first, there is no fault in the marital fault behavior of the other spouse. For example, the husband's domestic violence is entirely due to his bad temper, the wife has never scolded her husband, and there is no other behavior that may lead her husband to commit domestic violence.

It can be said that the wife is not at fault; The second understanding is that the claimant is not at fault for the damage result caused by the wrong behavior of marriage, that is, he suffers mental and material damage due to the wrong behavior of the other party, which leads to divorce, and he is not at fault for the occurrence of this result. Fault includes intentional and negligent forms.

Under normal circumstances, whether the actor's behavior is intentional or negligent, or the degree of fault, has no practical significance for determining his civil liability. But under certain circumstances, in the case of mixed fault, the damage caused by the same reason, as well as the intentional or gross negligence of the victim.

The extent of the actor's fault becomes the main basis for determining his liability for compensation. Because of the particularity of marriage relationship, the care condition of divorce and division of husband and wife's property must be that one party has intentional fault, the other party has no fault, or there is fault.

But as long as his behavior is out of negligence, not out of intention. In divorce cases, the innocent party has the right to claim damages in the division of property, with more points as appropriate. The Civil Code stipulates that one party abandons a family member for bigamy, cohabitation of a spouse with others, domestic violence, abuse and other reasons.

The innocent party has the right to claim damages. Marriage determines the legal consequences of fault divorce, that is, letting the fault party bear the liability for divorce damages, which is a legal remedy for the injured party and embodies the principle of legal fairness. The degree of concern.

It should be decided by the judge according to the degree of fault of the parties and the actual situation of the same property. "Care" should only be given to the wrong party, and should not be obviously unfair, and should not affect the basic life of the wrong party.

4, the principle of fairness

The principle of fairness requires taking the balance of interests as the value judgment standard, adjusting the material interest relationship between civil subjects, and determining their civil rights and responsibilities. Divorce not only terminates the marriage relationship, but also involves the interests of family members such as husband and wife and children. The principle of fairness applies to the division of divorced property. On the one hand, reasonably divide the existing property of husband and wife;

On the other hand, the economic interests of husband and wife should also be liquidated, such as the contribution of both husband and wife to housework and raising children, the decline of one's living standard after divorce, the proper placement of the sick one after divorce and so on. This requires our judges to strictly enforce the law and seek truth from facts when trying cases.

We should not only consider the facts of the case, but also consider the actual situation of both parties, thus reflecting the fairness and seriousness of our law. For example, when dealing with the property involved in one party's profit-making activities such as business, we should take full care of the party who created the property on the basis of recognizing the property as the joint property of husband and wife.

The same is true of the property obtained during the separation of husband and wife, which should be recognized as the joint property of husband and wife. However, due to the economic independence of both parties during the separation period, the income is not used for daily consumption of the family, and the proportion in the division can be different according to the amount of property created by both parties.

5. Respect the wishes of the parties, and the property agreement takes precedence over the statutory principle.

Citizens have the right to dispose of their own property, and the Civil Code stipulates the form, scope and effect of the agreement with the third party, which is conducive to meeting the needs of husband and wife to deal with their own property problems in various forms for various reasons under the market economy, reflecting the equal property rights of husband and wife, helping to reduce family disputes, protect the legitimate rights and interests of the parties, and promote the development of family economy and social economy.

What are the principles for determining the distribution of property? 2. What is the principle of legal distribution of property?

The division of property between * * * and * * is an important part of the legal system between * * * and * *, and it is the inevitable result of the termination of the relationship between * * * and * *.

The principle of property division between * * * and * * * is the principle of consultation. Whether it is husband and wife, family, partnership or inheritance, the principle of consultation should be implemented in the division. As long as a consensus is reached, it does not violate the mandatory provisions of the law and does not harm the interests of the public and others, it should be considered effective.

1. The husband and wife divide the same property equally. In other words, after determining the scope of husband and wife's property, each person gets half. According to the actual needs of production and life and the source of property, the specific treatment can also be different, but the difference in treatment should not be too big.

2. Divide the family and property. The principle of division is generally based on equality, taking into account the contribution of * * * and * * to the property of * * * and the actual situation of production and life. It is a general principle to divide families by property and divide them equally, but the contribution of * * * and the actual situation of production and life must be considered, in which the contribution is the main reference factor to determine the division. Therefore, the division of family property often has unequal division.

3. Partnership * * * and * * * have property, and the principle is to divide it according to the proportion of capital contribution. Each partner actually forms a potential share in the property owned by * * * and * * according to the proportion of capital contribution, and this potential share determines the commitment of each partner's surplus and loss. The partnership property shall be divided according to this ratio.

4. The division of inheritance shall be carried out in accordance with the provisions of the Civil Code. * * * and * * have property in three ways:

The first is physical division. * * * property with * * is often a collection, so it can be calculated according to different property values and distributed to different * * * owners. In this regard, we should consider the special needs of everyone's career and life, and allocate the needed items to that person. Can be divided into * * * things can be divided, and objects can be distributed.

The second is variable price segmentation. For * * * things that cannot be physically divided, you can sell * * * things, and each * * * has its own share of the price.

The third is pricing compensation. For inseparable * * * property, it can be distributed to one * * * owner, and other * * * owners can get compensation.

According to the relevant provisions of the Civil Code (202 1. 1 came into effect), Article 297 A realty or chattel may be owned by two or more organizations or individuals. * * * includes * * * and * * * with * * *.

Article 298 A person who owns a real estate or chattel owned by * * * shall enjoy ownership in proportion.

Article 299 Some people of * * * and * * * are entitled to the real estate or chattel owned by * * * *.

Article 300 The owner shall manage all real or movable property owned by * * in accordance with the agreement; If there is no agreement or the agreement is unclear, everyone has the right and obligation to manage it.

Article 301 The disposal of real estate or chattel owned by * * *, as well as the major repair, change of nature or use of real estate or chattel owned by * * * * shall be subject to the consent of the owner of * * * or all the owners of * * *, unless otherwise agreed by the owner of * * *.

Article 302 The burden of property management fees and other expenses, if agreed by the parties, shall be followed; If there is no agreement or the agreement is unclear, some people will bear it according to their own share, and * * * will share it with others.

Article 303 In order to maintain the relationship between * * *, it is agreed that all real estate or chattel owned by * * * shall not be divided, in accordance with the agreement. However, if * * * has significant reasons for division, it may request division; If there is no agreement or the agreement is unclear, some people can ask for division at any time according to the number of shares, and some people with * * * and * * * can ask for division when the foundation of * * * is lost or there are major reasons for division. If the division causes damage to others, compensation shall be paid.

Article 304th * * * Someone can negotiate to determine the division method. If you can't reach an agreement, * * * exists. If a real estate or chattel can be divided and its value will not be damaged by the division, it should be divided into physical objects; If it is difficult to divide or the division will damage the value, the price obtained by discount or auction or sale shall be divided.

* * * If the real estate or chattel acquired by one person is defective, others shall share the losses.

Second, the order of property inheritance in the legal distribution of property.

According to the relevant provisions of the General Principles of the Civil Law of People's Republic of China (PRC) on the order of succession, Article 127 Inheritance shall be carried out in the following order:

(1) First order: spouse, children, parents;

(2) The second order: brothers and sisters, grandparents and grandparents.

After the inheritance begins, the successor in the first order inherits, and the successor in the second order does not inherit; If there is no successor in the first order, it is inherited by the successor in the second order.

Inheritance share means that when heirs in the same order inherit the estate, the share is generally equal. People with special difficulties, minors, and heirs who lack the ability to work and have no source of income should be taken care of and more inheritance should be properly distributed. For heirs who have the ability and conditions to support, if they fail to fulfill their support obligations, the inheritance will not be divided or less. After consultation, the heirs may or may not share the inheritance equally.

Usually, when inheriting, the first thing to look at is whether there is a legal and valid will. If there is, it will not inherit the inheritance in a legal way. However, we should also pay attention to the fact that statutory succession itself is the supplement and restriction of testamentary succession. Under different inheritance methods, the corresponding basic principles are also different. Especially in legal succession, we should pay attention to distinguish between the first-order heirs and the second-order heirs. Usually, the successor in the first order inherits the inheritance, and if it fails or loses or abandons the inheritance right, it is inherited by the successor in the second order.

In short, for the distribution of * * * property, we must first determine the scope of * * * property, and then the premise of distribution is that it is not illegal and does not harm the interests of the public and individuals. Generally, the distribution method is based on the principle of equal share or the proportion of shares, but according to the proportion of shares, for some unclear property distribution, disputes often arise because of unclear shares. If there is no evidence to prove your stock ratio, I will.

What are the principles for determining the distribution of property? 1. What is the principle of property distribution after divorce?

(1) The principle of equality between men and women. The principle of equality between men and women is not only embodied in various legal norms of the Civil Code, but also a guide for the people's courts to handle marriage and family cases. This principle is embodied in the division of divorce property, that is, husband and wife have the right to share the same property equally and bear the same debt equally;

(2) The principle of taking care of the interests of children and women. The "care" here can not only give the woman extra points in the share of property, but also allocate the property that is particularly needed in a certain life, such as housing, to the woman in the type of property. After all, from the influence of habit, from the obstacles caused by traditional factors, from the burden of women's housework,

Physiologically speaking, after divorce, women are weaker than men in finding jobs and making a living, and need more help from society. At the same time, when dividing the marital property, special attention should be paid to protecting the legitimate property rights and interests of minors. The legal property of minors cannot be included in the division of marital property;

(3) the principle of being beneficial to life and convenient for life. When divorce is divided, the utility, performance and economic value of the same property shall not be damaged. When dividing the means of production in the same property, it should be allocated to the party that needs the means of production and can give full play to its effectiveness as far as possible;

When dividing * * * from the living materials in the property, we should try our best to meet the needs of individuals engaged in professional or professional work, so as to give full play to the use value of the property. The indispensable items shall be owned by one party according to the principle of actual needs and beneficial use, and the co-owners shall compensate the other party according to the principle of fairness and the actual value at the time of divorce;

(4) The principle that rights should not be abused. When divorcing and dividing the same property, the property owned by the state, the collective and others shall not be divided as the same property, and the legitimate interests of others shall not be harmed in the name of dividing the same property;

(5) If the property owned by one spouse is consumed, damaged or lost in common life, the other spouse will not make compensation. This is a summary of judicial practice experience, which conforms to the requirements of the relationship between husband and wife and the essence of married life and is conducive to avoiding unnecessary disputes.

Second, what are the provisions for the division of property after divorce?

During the marriage relationship, if one of the spouses requests to divide the property, the people's court will not support it except for the following major reasons that do not harm the interests of the creditors:

(1) One party conceals, transfers, sells, damages or squanders marital property or forges marital debts, which seriously damages the interests of marital property;

(2) The person with legal obligation to support suffers from serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

The income generated by one spouse's personal property after marriage, except fruits and natural appreciation, should be recognized as the joint property of husband and wife.

Before marriage or during the marriage relationship, if the parties agree to give one party's property to the other party, and the donor cancels the gift before the change of registration of the donated property, and the other party requests an order to continue the performance, the people's court may handle it in accordance with the provisions of the Civil Code.

If the property right of the property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be considered as a gift to only one of their children according to the provisions of Item (3) of Article 1063 of the Civil Code, and the property should be considered as the personal property of the husband and wife.

If the property right of the house purchased by both parents is registered in the name of a child, the house can be regarded as shared by both parties according to their respective parents' share of capital contribution, unless otherwise agreed by the parties.

Husband and wife sign a contract for the sale of real estate before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the same property after marriage. If the real estate is registered in the name of the down payment payer, the real estate will be handled by both parties through agreement at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. At the time of divorce, the party handling the property right registration shall compensate the other party for the money paid by both parties for repaying the loan after marriage and the corresponding value-added part of the property.

During the marriage relationship, if both parties buy a house in the name of one parent with the contribution of the joint property of husband and wife, and the property right is registered in the name of one parent, and the other party advocates dividing the house according to the joint property of husband and wife at the time of divorce, the people's court will not support it. The capital contribution when buying a house can be treated as creditor's rights.

If the divorce agreement reached by both parties is unsuccessful and one party reneges in the divorce proceedings, the people's court shall consider that the property division agreement has not come into effect and divide the husband and wife's property according to the actual situation.

If a husband and wife enter into a loan agreement and lend the same property to one party for personal business activities or other personal affairs, it is regarded as an act of disposing of the same property as agreed by both parties, and divorce can be handled according to the loan agreement.

If it is the property obtained during the existence of the husband-wife relationship, it should be divided equally when divorced. If the property before marriage has been proved, it will be owned by the other party at the time of divorce. In fact, before marriage, it is best to notarize your own property to avoid contradictions and disputes.