Articles 17 to 19 of the current marriage law make it clear that the joint property of husband and wife is acquired during the existence of the relationship between husband and wife, and stipulate the contents of the joint property of husband and wife in an enumerated and summarized way. For the division of marital property, there are two ways: agreement division and judgment division. At the time of divorce, if both parties have legal marriage property agreement, such agreement shall prevail. The unique property of one party belongs to itself. The property jointly owned by husband and wife should generally be divided equally, or not if necessary. In case of dispute, the people's court shall make a judgment according to law.

There are generally two ways to divorce. One is divorce by agreement, where both husband and wife divorce voluntarily, and after signing the divorce agreement, they go to the marriage registration office for handling; The other is litigation divorce. If one of the husband and wife insists or agrees to divorce, but can't reach an agreement on child support or property division, they can only divorce through court proceedings. The main reason for divorce through court proceedings is that husband and wife can't reach an agreement on the division of property. On February 26th, 2003, after fully soliciting the opinions of legal experts and people, the Supreme People's Court promulgated the Judicial Interpretation of the Supreme People's Court on the Application of the Marriage Law of the People's Republic of China (II), which came into effect on April 26th, 2004. The promulgation of Interpretation II made the division of marital property clearer.

First, the scope of husband and wife property How to divide the property, we must first know what is the husband and wife property. Husband and wife property refers to the property obtained during the marriage relationship, that is, the property obtained after marriage. At the time of divorce, the division is "marital property", excluding the property jointly owned by husband and wife.

According to article 17 of the Marriage Law, the property jointly owned by husband and wife includes:

(1) Wages and bonuses; The wages stipulated by the laws of China refer to the total wages, including standard wages, bonuses, allowances and subsidies. Bonus refers to a certain amount of money awarded by the state, government and authoritative organizations to those who have made special contributions to a specific subject or achieved outstanding results. It's not a bonus in salary.

(2) Income from production and operation; What needs to be pointed out here is that no matter whether you invest in husband and wife's personal property or husband and wife's property, the income belongs to husband and wife's property.

(3) Income from intellectual property rights; Intellectual property rights include copyright and related rights, trademark rights, geographical indications rights, industrial design rights, patents, integrated circuit design rights and undisclosed information exclusive rights. Its income refers to the property income actually obtained or clearly obtainable during the marriage relationship.

(4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law;