When a husband and wife divorce, they can only divide their property when they remarry. According to the regulations, it should be half for each person.

The following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife:

(1) salary and bonus;

(2) Income from production and operation;

(3) the benefits of intellectual property rights;

(4) Property acquired by inheritance or gift, except the property that is determined to belong exclusively to the husband or wife in the will or gift contract;

(5) All other * * * properties.

The joint property of husband and wife includes labor income and other lawful income, and the donated property and inherited property acquired by both spouses or one of them during the marriage relationship.

According to the second part of the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws, the joint property of husband and wife also includes:

(1) Pre-marital property and post-marital property cannot be ascertained, or if they are personal property before marriage, but they have been married for many years and have been jointly used, operated and managed by both parties for a long time, they can be recognized as joint property of husband and wife;

(2) During the marriage relationship, the demobilization fee and transfer fee earned by demobilized soldiers can be divided according to the marital property if they live together for a long time at the time of divorce;

(three) the income of the year when the husband and wife engaged in diversified operations and contracted responsibility fields during the relationship, and the funds invested by the breeding and planting professionals who had no income in that year;

(4) Property such as gold, silver and jewelry donated by one or both parents after marriage registration.

Second, the ownership of children in divorce.

1. Does the child live with his father or his mother?

Whether the children of divorced families live with their father or their mother can be decided by both parties through consultation at the time of divorce. If both parties agree to divorce, it shall be stated in the divorce agreement which side the children will live with.

In divorce proceedings, if the two parties reach an agreement on child support, the general court will respect the agreement, except that the agreement between the two parties that the child should be raised by the father or mother is seriously detrimental to the normal life of the child. If both parties agree to take turns to raise their children, they should respect the agreement.

2. Children under two years old.

If the divorced family has children under two years old, then considering that the children are younger and need the care of their mothers, some of them may still be breastfeeding, so the law stipulates that children generally live with their mothers after divorce.

However, if a mother is unable or unwilling to raise her children for special reasons, she can live with her father. Special reasons mainly refer to: the mother suffers from infectious diseases or other serious diseases that have not been cured for a long time, and the mother has the conditions to support but has no obligation to support.

The child is over two years old.

If the child of a divorced family is over two years old and both parties are fighting for the custody of the child, the court should consider the situation of both parties equally to see which one is more conducive to the child's growth.

If the child has been with one of his parents for a long time and has more feelings for this parent, the child should live with this parent; Children who have lived with one of their grandparents for a long time or have deep feelings with them can also be used as a reason to decide whether their children live with their parents. The court will take this factor into account when making adjustments or judgments. If children are closely related to grandparents, then the general judgment will live with the father, and vice versa. Of course, this is under the condition that other conditions of both parties are equal.

If one party suffers from an incurable infectious disease for a long time, or has drug abuse, theft and other conditions that are not conducive to the physical and mental health of the children, then the children are naturally not suitable for living with them.

In addition, we should also consider which parents need children more. For example, one of them has been sterilized or has lost fertility, so if there are no unfavorable factors in raising children, this party should be given priority; For another example, if one party has no other children and the other party has other children, priority should be given to the former.

4. The child is in his teens.

/kloc-Minor children over 0/0 are persons with limited capacity for civil conduct and have certain ability to distinguish right from wrong. Therefore, in divorce cases, when dealing with the question of who the children live with, we should consider the personal wishes of the children. However, this does not mean that 10-year-old minor children can choose who to live with at will. Generally, the court will only consider the child's personal opinion when the parents are fighting for custody and both sides have the conditions to raise the child.

The court will give more consideration to the opinions of adult children.

According to the above law, if you have the right to ask your children to live with you, please consult your lawyer whether to divorce by agreement or by court according to the actual situation, and strive for your legal rights in child support to the maximum extent.

Generally speaking, if both parties agree to divorce, the law will not interfere with the ownership of property and children, as long as both parties negotiate. However, if one party disagrees with the ownership of the property or children and goes to court, the court will make a judgment according to relevant laws. Husband and wife's property is generally shared equally by both parties. As for children, the court will consider the attribution of younger children according to the comprehensive factors such as parents' financial situation, and if the children are older, the court will consider their wishes more.