Are divorce cases separated from property cases?

Are divorce cases separated from property cases? This is a case; Divorce and property division should be put together. This should be decided according to the opinions of the parties. According to Article 64 of the Civil Procedure Law, the parties have the responsibility to provide evidence for their claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures. At the same time, according to Article 18 of Interpretation III of Marriage Law, after divorce, if one party brings a division lawsuit to the people's court on the grounds that the property of the husband and wife has not been disposed of, the people's court shall divide the property according to law. The court will follow the following principles when dividing property: 1. The principle of respecting the wishes of the parties. When dividing property, husband and wife should respect the true and legitimate wishes of both husband and wife. 2. The principle of equality between men and women. 3. The principle of taking care of the innocent party. Divorce cases caused by one party's bigamy, adultery, abuse or violence. Husband and wife should take proper care of the innocent party when dividing their property. 4. The principle of taking care of the interests of women and children. 5. The principle of facilitating production and life. 6. The principle of not harming the interests of the state, the collective and others. How to divide it specifically and how much the two sides should divide it depends on the specific property situation. How to distribute the divorced property of husband and wife and how to divide the divorced property. 1. How to divide the divorce property when the husband and wife divorce? Article 19 of the Marriage Law: Husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned by each other, * * * owned by each other or part of it, and part of it * * * owned by each other. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply. Article 17 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 * * *. Husband and wife have equal rights to dispose of all property. Article 18 In any of the following circumstances, it shall be the property of one of the spouses: (1) the pre-marital property of one of the spouses; (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. Second, the legal property of husband and wife is the same, how to divide it when divorced. Article 17 of the Marriage Law clearly stipulates: "The following property acquired by husband and wife during the marriage relationship shall be owned by the 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 the same property of husband and wife 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. (III) Interests of Intellectual Property Rights Intellectual property rights are people's exclusive rights to their intellectual creations 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. From the perspective of China's labor law, the above provisions 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. (7) the determination of the land use right obtained by one party before marriage. Land use rights can be sold, exchanged, donated, leased, mortgaged and inherited according to law under legal conditions, and all rights in land and land use rights have become important material wealth owned by individual citizens to a certain extent. The land use right obtained by one party before marriage shall be recognized as personal property in principle. In China, real estate and real estate (land use right) are managed by two administrative departments, and their values can also be expressed independently. If one party obtains the land use right before marriage and builds a house on the land after marriage, it should pay attention to separating the land use right value from the house value when dividing the real estate. In addition, the value of one party's land use right before marriage has increased when the property is divided in divorce, and this increased value should be recognized as the joint property of husband and wife. The reason is that marital property is formed with the establishment of marital relationship. The labor income and property purchased by one or both spouses, the property inherited or donated by one or both spouses and other lawful income during the existence of the relationship between husband and wife shall be regarded as the common property of husband and wife. The value-added part of the land use right after marriage can be regarded as a kind of interest generated by the land value during the existence of the relationship between husband and wife and a kind of legal income, so it should be regarded as the common property of husband and wife and owned by both parties. (8) In the case of shares, husband and wife own the same property. At present, people's courts are more and more involved in stock ownership disputes in divorce cases. The settlement of such disputes should be mainly determined by the source of funds for buying stocks and the nature of the stocks themselves. If one of the husband and wife or the * * * shares contributed by the husband and wife shall be recognized as the joint property of the husband and wife. However, in real life, most of the time, family members contribute to buy stocks. How to identify the ownership of stocks? At present, there are two kinds of shares issued in China: employee internal shares and social public shares. For the shares held by employees in joint-stock enterprises that do not publicly issue shares to the public, they can be regarded as the joint property of husband and wife when dividing the property, because not only the internal shares of employees are registered, but also they cannot be transferred to anyone outside the enterprise, and such shares often have the welfare nature of low risk and high income. If there is an equity dispute between husband and wife and other family members, the relationship between them can be regarded as a loan relationship and handled separately. If they buy social public shares, which can be transferred and traded, then the nature of such shares should be recognized as family property, and each party should divide them according to the amount of capital contribution. (nine) other property that should be owned by * * *. China's marriage law adopts a combination of enumeration and generalization, which avoids the incomplete provisions on the same property of husband and wife. When dealing with divorce disputes, we should make a concrete analysis of the property, fully consider the source of the property, and comprehensively determine the time of acquisition, the legal property system of marriage and other factors to safeguard the legitimate rights and interests of both husband and wife. 1) The division of securities such as stocks, bonds and investment funds is based on the Supreme People's Court's Interpretation of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II). Article 15 stipulates that when a husband and wife divide stocks, bonds, investment funds and other securities in the same property and shares of unlisted joint stock limited companies, it is difficult to negotiate or divide them according to market prices, as in stock split. In the judgment of the case of Hu Hongwei v. Huang Yanming's divorce, stock split and stock lottery dispute, when the court divides the stock, it refers to the stock market price at the time of division and combines the fluctuation range of the stock price in a reasonable period, and the parties negotiate a stock price by themselves, or the court decides to determine a stock price, according to which the total value of the stock held by the court is calculated and divided by it. 2) When the divorce case is tried by the people's court on the division of the joint property of a limited liability company, if the husband and wife are involved in the division of their capital contribution in the limited liability company in the name of one party, and the other party is not a shareholder of the company, it shall be handled separately according to the following circumstances: (1) If the husband and wife agree to transfer part or all of their capital contribution to the shareholder's spouse through consensus, and if more than half of the shareholders agree, the other shareholders explicitly give up the preemptive right, the shareholder's spouse may become a shareholder. (2) After the husband and wife reach an agreement on the transfer share and transfer price of the capital contribution, if more than half of the shareholders do not agree to the transfer, but are willing to buy the capital contribution at the same price, the people's court may divide the property obtained from the transfer of the capital contribution. If more than half of the shareholders do not agree to the transfer and are unwilling to purchase the capital contribution at the same price, it is deemed that they agree to the transfer, and the spouse of the shareholder can become a shareholder of the company. The evidence mentioned in the preceding paragraph to prove the consent of more than half of the shareholders may be a resolution of the shareholders' meeting or a written statement of the shareholders obtained by the parties through other legal channels. 3) When the divided people's court tries a divorce case with the joint property of husband and wife contributed by the partnership as the subject matter, if the joint property of husband and wife in the partnership is divided in the name of one party, and the other party is not a partner of the partnership, when the husband and wife reach an agreement through consultation and transfer all or part of their respective property shares in the partnership to the other party, it shall be handled separately according to the following circumstances: (1) If other partners agree unanimously, one spouse shall obtain the partnership qualification according to law; (2) If the other partners do not agree to the transfer and exercise the priority right of transfer under the same conditions, they may divide the property obtained from the transfer; (3) If other partners do not agree to transfer or exercise the preemptive right, but agree that the partner withdraws from the partnership or returns part of the property share, they may divide the returned property; (4) If the other partners neither agree to the transfer, nor exercise the preemptive right, nor agree that the partner withdraws from the partnership or returns part of the property share, it shall be deemed that all partners agree to the transfer, and the spouse has obtained the status of partner according to law. 4) If a husband and wife invest the same property to establish a sole proprietorship enterprise, the people's court shall deal with the joint property of the husband and wife in the sole proprietorship enterprise according to the following circumstances: (1) If one party advocates operating the enterprise, the party that has obtained the enterprise shall compensate the other party accordingly after evaluating the assets of the enterprise; (2) If both parties advocate operating an enterprise, on the basis of bidding by both parties, the party that obtained the enterprise shall give the other party corresponding compensation; (3) If both parties are unwilling to operate the enterprise, it shall be handled in accordance with the Law of People's Republic of China (PRC) Municipality on Sole proprietorship enterprises and other relevant regulations. 5) Renting public houses before marriage and buying property houses after marriage, regardless of whose name is recorded in the property certificate, are treated as husband and wife with the same property. 6) Settlement of current house price disputes If the house price rises and the divorce is unwilling to divide the purchase price according to the contract, then: 1. Both sides want a house, and the court organizes bidding; 2. If one party gets the purchase price, the house price shall be negotiated by both parties. If negotiation fails, the relevant departments shall evaluate the housing price. If both parties don't want the house, the plaintiff and the defendant apply for auction or transfer together, and the court will deal with it again. 7) What if the title certificate of the disputed property has not been issued at the time of divorce? The people's court will either inform the parties to apply for suspension of the trial until the title certificate is issued; Either judge the ownership of the right to use first, then the property right certificate comes down, and then the disputed party will sue the court separately. 8) Recognition of parents' contribution to the couple's house purchase 1. Before marriage registration, parents' contributions to the purchase of houses by both parties should be regarded as personal gifts to their children; 2. After the marriage registration, the capital contribution shall be regarded as a gift to both husband and wife. Unless otherwise agreed by the parties, such agreement shall prevail. 9) Division of Military Demobilization Fee Article 13 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that military casualty insurance, disability allowance and medical living allowance belong to personal property. Article 14 stipulates that when the people's court hears divorce cases involving one-time expenses such as demobilization fees and self-employment fees paid to military personnel, the duration of the marital relationship between husband and wife is multiplied by the annual average, and the amount obtained is the joint property of husband and wife. The annual average mentioned in the preceding paragraph refers to the amount obtained by dividing the above-mentioned total expenses paid to military personnel by the specific number of years. Its specific life span is the difference between the average life span of 70 years and the actual age of soldiers when they join the army. To sum up, a divorce case includes property issues, custody issues and debts of both parties. As long as these problems are handled well, a marriage case can be handled well. So a case will encounter many problems. As long as its own evidence is conclusive, the plaintiff will win a great case.