The new Civil Code came into effect on January 1, 222, and the Marriage Law is valid until December 31, 222. At the time of divorce, the joint property of husband and wife shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to 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. Let me give you a detailed answer.

1. What are the provisions on the division of divorce property? 1. The new Civil Code came into effect on January 1, 221, and the effective period of the Marriage Law was ended on December 31, 22. The Marriage Law was replaced by the Civil Code. 2. The Civil Code stipulates that 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 according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. Husband and wife may agree that the property acquired during the marriage relationship and the property before marriage shall be owned by themselves, owned by all or part of them, and owned by part of them. Key points: this article aims to emphasize the "priority of agreement", that is, the agreement made by husband and wife on property is more effective than the legal property owned by husband and wife, which is the embodiment of respecting the true wishes of individuals. It should be noted that the agreement must be in written form, and the oral agreement is invalid. In addition, the agreement cannot maliciously harm the legitimate rights and interests of others: for example, the husband and wife deliberately agree that the property belongs to the wife and evade the personal debt that the husband should bear. When one spouse pays more obligations for raising children, caring for the elderly and assisting the other spouse in work, he has the right to request compensation from the other spouse at the time of divorce, and the other spouse shall make compensation; In the event of divorce, if one party has difficulties in life, the other party shall give appropriate help from his personal property such as his house. The specific measures shall be agreed by both parties. If the agreement fails, the people's court shall make a judgment. During divorce, if one party conceals, transfers, sells or destroys the property of the husband and wife, or forges debts in an attempt to seize the property of the other party, when dividing the property of the husband and wife, the party who conceals, transfers, sells or destroys the property of the husband and wife or forges debts may be given less points or no points. After the divorce, if the other party finds the above-mentioned behavior, it may bring a lawsuit to the people's court, requesting to divide the husband and wife's property again. Division of divorced real estate between husband and wife: The division of divorced real estate can also be understood as the problem of divorce and property analysis. According to the nature of real estate, it can be mainly divided into the following types: (1) The real estate invested by both husband and wife after marriage is the same property regardless of the name of one party or both parties on the real estate license. It should be divided according to the principle of husband and wife sharing the same property. That is, the value of the house is calculated at the market price, and the party who obtains the house pays half of the value of the house to the party who has not obtained the house, and the house owner repays the remaining principal and interest separately. (2) According to the law, the real estate license obtained by one spouse before marriage belongs to the property before marriage, and the other spouse has no right to ask for division when divorcing. (3) One of the husband and wife bought a house through a mortgage loan before marriage and obtained a real estate license. After marriage, the husband and wife * * * repaid the house. Unless otherwise agreed by the husband and wife, the value-added part of the house after marriage and the part of the loan repayment shall be regarded as the same property. At the time of divorce, this part is divided into the same property according to * * *. (4) If one of the husband and wife paid part of the house price before marriage, but obtained the real estate license after marriage, both parties will repay the loan after marriage. According to the source of property, it is divided into two parts: before marriage and after marriage. (5) How will the house be divided after the children divorce? According to the Civil Code, the capital contribution made by parents before their marriage is regarded as a gift to their children, unless otherwise agreed; Unless otherwise agreed, the capital contribution made by parents after their marriage shall be regarded as a gift to both husband and wife.

second, the provisions of the Civil Code and its judicial interpretation on the division of husband and wife's * * * same property 1. Article 187 of the Civil Code, when divorced, the husband and wife's * * * same property shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment according to 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 a husband or wife in the contracted management of family land shall be protected according to law. 2. Article 189th of the Civil Code: At the time of divorce, the husband and wife shall pay the same debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment. 3. Article 192 of the Civil Code: If one of the spouses conceals, transfers, sells off, damages or squanders the property jointly owned by the husband and wife, or forges the debts jointly owned by the husband and wife in an attempt to seize the property of the other spouse, when the husband and wife divide the property jointly owned by the husband and wife, they may be given less or no share. After the divorce, if the other party finds the above-mentioned behavior, it may bring a lawsuit to the people's court, requesting to divide the husband and wife's property again. 4. Interpretation of Marriage and Family Organization (1) Article 72 When the husband and wife divide the stocks, bonds, investment fund shares and other securities in the same property and the shares of unlisted joint stock limited companies, if negotiation fails or it is difficult to distribute them at the market price, the people's court may distribute them in proportion according to the quantity. 5. Interpretation of Marriage and Family (I) Article 73 When the people's court tries a divorce case, it involves dividing the amount of capital contribution of the husband and wife in a 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 the capital contribution to the spouse of the shareholder through consultation, and more than half of the other shareholders agree, and all other shareholders explicitly give up the preemptive right, the shareholder's (2) If more than half of the other shareholders do not agree to the transfer of the capital contribution and the transfer price after the husband and wife reach an agreement through consultation, but are willing to buy the capital contribution on the same terms, the people's court may divide the property obtained from the transfer of the capital contribution. If more than half of the other shareholders do not agree to the transfer or are unwilling to purchase the capital contribution on the same terms, it shall be deemed that they agree to the transfer, and the spouse of the shareholder may become a shareholder of the company. The evidence used to prove the shareholders' consent stipulated in the preceding paragraph may be the materials of shareholders' meeting or the written statements of shareholders obtained by the parties through other legal channels. 6. Interpretation of Marriage and Family Organization (I) Article 74 When the people's court tries a divorce case, which involves dividing the capital contribution of the husband and wife in the partnership enterprise in the name of one party, and the other party is not a partner of the partnership enterprise, when the husband and wife reach an agreement through consultation to transfer all or part of their share of the property in the partnership enterprise to the other party, it shall be handled separately according to the following circumstances: (1) If the other partners agree unanimously, the spouse shall obtain the status of partner according to law; (2) If other partners do not agree to the transfer and exercise the preemptive right under the same conditions, they may divide the property obtained from the transfer; (3) If other partners do not agree to the transfer or exercise the preemptive right, but agree to the withdrawal of the partner or the reduction of part of the property share, the property after settlement may be divided; (4) If the other partners neither agree to the transfer, nor exercise the preemptive right, nor agree to the partner's withdrawal from the partnership or reduce 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. 7. Interpretation of Marriage and Family Organization (1) Article 75 If a husband and wife invest in the establishment of a sole proprietorship enterprise in the name of one party, the people's court shall divide the joint property of the husband and wife in the sole proprietorship enterprise according to the following circumstances: (1) If one party claims to operate the enterprise, after evaluating the assets of the enterprise, the party that has obtained the ownership of the enterprise assets shall give the other party corresponding compensation; (2) If both parties claim to operate the enterprise, on the basis of bidding by both parties, the party that has obtained the ownership of the enterprise assets 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 the People's Republic of China on Sole proprietorship enterprises and other relevant regulations. 8. Article 76 of the Interpretation of Marriage and Family Compilation (1) When the two parties cannot reach an agreement on the value and ownership of the house in the same property of the husband and wife, the people's court shall handle it separately according to the following circumstances: (1) If both parties claim the ownership of the house and agree to bid for it, it shall be allowed; (two) if one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall give the other party corresponding compensation; (three) if neither party claims the ownership of the house, the house shall be auctioned or sold according to the application of the parties, and the proceeds shall be divided. 9. "Interpretation of Marriage and Family (1)" Article 77 If both parties have disputes over the house that has not yet obtained ownership or full ownership at the time of divorce and negotiation fails, the people's court should not judge the ownership of the house, but should judge it to be used by the parties according to the actual situation. After the parties have obtained full ownership of the house specified in the preceding paragraph, if there is any dispute, they may bring a lawsuit to the people's court separately. 1. Interpretation of Marriage and Family Compilation (I) Article 78 A 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 rule that the real estate belongs to the registered party, and the outstanding loan is the personal debt of the registered party. In the event of divorce, the real estate registration party shall compensate the other party according to the principle stipulated in the first paragraph of Article 187 of the Civil Code. 11. Interpretation of Marriage and Family (I) Article 79 During the marriage relationship, if both parties use the same property of husband and wife to purchase a house that participated in the housing reform in the name of one parent and register it in the name of one parent, the people's court will not support it if the other party advocates dividing the house according to the same property of husband and wife at the time of divorce. The capital contribution made when purchasing the house can be treated as creditor's rights. 12. Interpretation of Marriage and Family Organization (1) Article 8 If one of the spouses has not retired and does not meet the conditions for receiving the basic pension at the time of divorce, the people's court will not support the request of the other spouse to divide the basic pension according to the same property of the husband and wife; After marriage, the husband and wife pay the basic old-age insurance premium with the same property, and when divorced, one party advocates that the part actually paid by the individual and the interest in the pension account should be divided as the same property of the husband and wife, and the people's court should support it. 13. "Interpretation of Marriage and Family (1)" Article 81 During the marriage relationship, if the inheritance that one spouse can inherit according to law has not been actually divided among the heirs, and the other spouse requests division when suing for divorce, the people's court shall inform the parties to file a separate lawsuit after actually dividing the inheritance between the heirs. 14. Interpretation of Marriage and Family Organization (I) Article 82 If a husband and wife conclude a loan agreement and lend the same property of the husband and wife to one party for personal business activities or other personal affairs, it shall be deemed that the two parties have agreed to dispose of the same property of the husband and wife, and the divorce can be handled in accordance with the loan agreement. Husband and wife may agree that the property acquired during the marriage relationship and the property before marriage shall be owned by themselves, owned by all or part of them, and owned by part of them. Because this agreement is oral, uncertain and prone to disputes, the law stipulates that it must be in written form. Husband and wife may agree that the property acquired during the marriage relationship and the property before marriage shall be owned by themselves, owned by all or part of them, and owned by part of them. Because this agreement is oral, uncertain and prone to disputes, the law stipulates that it must be in written form.