1. Agreed property of husband and wife * * * As long as the husband and wife agree voluntarily, it can be agreed in writing that all or part of the property (whether before marriage or after marriage) belongs to the husband and wife * * *. When dividing property in divorce, if there is an agreement, the property shall be divided according to the agreement; if there is no agreement, it is legal. Second, the property owned by the legal couple * * * The so-called property owned by the legal couple * * * refers to the property owned after marriage as stipulated in the Civil Code, that is, the property acquired by the husband and wife during the marriage relationship without effective ownership agreement. These properties are clearly stipulated in Article 1062 of the Civil Code of our country, mainly including: 1, wages and capital income; It should be noted that the salary and capital income here refer to the remuneration paid by both husband and wife during the marriage relationship. Such as bonuses, allowances, etc. 2. Benefit from production and experience; This kind of income includes the income from production and operation of all walks of life, including both labor income and capital income, such as the income from stocks and bonds and the operating income of individual industrial and commercial households. 3. Intellectual property income; The intellectual property income here refers to the property income actually obtained or clearly obtainable during the marriage relationship, such as copyright income such as manuscript fees and royalties, or property income obtained from trademarks, inventions and utility model designs. Only the estimated value, no income from the market, can not be divided. 4. Inheritance or gift of property; It should be noted that it is necessary to remove the situation that only one spouse is determined in the will or gift contract. The acquisition or acceptance of the inheritance occurs during the marriage relationship, and the property is the legal property of the husband and wife. 5, part of the military demobilization fees, transfer fees, self-employment fees; The calculation method is to multiply the duration of the marriage relationship by the annual average, and the amount obtained is the joint property of the husband and wife. 6. Other property that should be owned by * * *. For example, one party's personal property investment income, the old-age insurance actually obtained by both men and women, and the bankruptcy resettlement compensation actually obtained or should be obtained. Divorce between husband and wife almost always involves the division of property, but it should be noted that only the parts belonging to the same property can be divided here. As for what property is divided by divorce, the above small series has been listed for everyone, and you can refer to it appropriately. Among them, husband and wife * * * and property are divided into agreed * * * and property, and legal * * * and property.
Article 1076 of the Civil Code of People's Republic of China (PRC) * * * If both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in the marriage registration office in person. The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal. Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted. Article 1085 If a child is directly raised by one party after divorce, the other party shall bear part or all of the alimony. The amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment. The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary. Article 1087 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 based on 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 husband and wife in the contracted management of family land are protected according to law.