What principles are used when Ningbo courts divide property?

How to divide the divorce property, many people think that "one person half". The law does have a background of equal division, but there are also adjustment rods such as taking care of children, women and no-fault parties, and the result may not be half-and-half.

1. the principle of division of common property

at the time of divorce, the joint property of the husband and wife shall be agreed upon by both parties; if the agreement fails, the court shall decide in accordance with the principle of taking care of the rights and interests of the children, the woman and the no-fault party. Equality is the background, care is the adjustment. In other words, the law does not require one person and a half mechanically, but makes appropriate adjustments based on the specific circumstances of the family on an equal basis. This is also the biggest difference between the division of divorce property and the separation of individual partnerships.

Agreement before referee

divide priority to respect the results of negotiations between the two parties, the agreement is clear and not illegal, the court generally approved. It is up to the court to decide in principle. Writing the plan into the divorce agreement and completing the registration is often more cost-effective and controllable than after-the-fact litigation, at least to avoid the uncertainty caused by the judgment.

2. on the basis of equality between men and women

it is a basic principle that spouses have equal rights to dispose of and divide their joint property. Different forms of contribution (earning money or keeping a family) do not affect equal status. No matter whose name is registered and who earns more, as long as it is common property, the positions of both parties are equal, and there is no such thing as "who earns what belongs to whom.

Contribution is not only income

housework is also regarded as a contribution to the family, and the division should not be based on the level of income. The invisible work of caring for the elderly, raising children and running the household also constitutes a contribution to the common property and should be treated equally in the division.

The woman who takes care of the children in 3. has no fault.

On the basis of equality, the court will give due preference to the party directly raising the children, the woman and the party without fault. This is the reason why the result may not be equal to half and half. The magnitude of the tilt is linked to the specific case and is not arbitrary or substantially unbalanced.

fault influence is appropriate

taking care of the innocent party is an "appropriate" tilt, not a clean exit. The range is subject to the specific circumstances of the case. Bigamy, domestic violence, gambling and drug abuse and other statutory faults, may trigger damages and less points, the general character of incompatibility, quarrel does not constitute a statutory fault. Taking Ningbo's local case as evidence: according to Zhejiang rule of law newspaper 2021-10-13, in the divorce case heard by meishan court of Beilun district court, the husband bigamy and gave birth to two children with others. the court decided to compensate 150000 yuan for economic compensation and support 50000 yuan for damages in accordance with article 1088 of the civil code, which was upheld by Ningbo intermediate people's court in the second instance.

4. agreement takes precedence over statutory

if the parties have a valid property agreement (e. g. separate property system), the statutory common division rules shall not apply. The effect of the agreement is better than that of the law. Property agreements concluded before or during marriage, as long as they are voluntary and legal, take precedence over the statutory default rule, and the courts generally respect the prior arrangements of the parties.

5. Treatment of Specific Property

different property forms are handled in different ways: the real estate can be transferred to one party through negotiation and compensated at a discount; if the negotiation fails, the price can be divided after auction and sale; The equity of a limited liability company involves the preemptive right of other shareholders, which usually tends to be retained by the holding party and compensated at a price. The part of housing accumulation fund and endowment insurance during the existence of marriage belongs to the divisible scope. According to Ningbo Intermediate People's Court's "case statement" "Divorced, how to calculate the" account "?" (2014-08-05), the division of real estate for joint repayment after marriage can be calculated according to the "value-added index × (joint repayment ÷ 2)" with reference to the judge of Beilun Court. The more special the form of property, the more it is necessary to find the right path of division, which cannot be generalized.

Discount Compensation for Inconvenient Segmentation

for property that is truly inconvenient to divide in kind, the court generally adopts the idea of being owned by one party and paying a discount to the other party. The focus is not on the form of one person and half, but on whether the valuation basis is reasonable. The timing of the assessment, whether or not to deduct the loan, and the direct determination of the discount are often more critical than the fight for the share itself.

Find out the property before the 6. is divided.

Regardless of the agreement or litigation, the first step is to find out the common property base: real estate, deposits, financial management, equity, provident fund, vehicles, insurance cash value, itemized and attached vouchers. The bottom number is not clear, there is no way to talk about more points or less points behind, and it is easy to be concealed and transferred by the other party. It is suggested that before talking about divorce, start to sort out a list of property, retain ownership and running evidence, and don't wait to go to court to find it now. According to Yinzhou Court's White Paper on Trial of Marriage and Family Cases (2019-2021), more than 99% of divorce cases involve property division, and new types of property such as pets, game equipment and virtual currency also enter the scope of division. Electronic evidence such as WeChat is difficult to accept due to many defects in proof-the property list should be complete and electronic evidence should be standardized and preserved.

Listing is more advanced than competing for shares.

Many people quarrel with each other as soon as they come up, but they cannot tell what common property they have. First, the type of property and the approximate value of the list, then talk about tilt and compensation, negotiations and litigation will be more proactive. If it is found that the other party may be hiding, apply for an investigation order or preservation in time, and don't wait for divorce to remedy it, when the evidence is often lost.

7. case proof

in practice, there is no agreement between the two parties that a married property (assessed value of about 4.8 million yuan) will be directly raised by the woman, and the court will give it an appropriate multiple points on the basis of equal points, and order the house to belong to the woman and the woman to pay the man a discount compensation of about 2 million yuan.

In practice, both parties agreed in writing that the marital property should be owned by each other, divorce should be handled according to the agreement, and the deposit of about 1.2 million yuan registered in the man's name was not divided as common property.

In practice, the man has the act of transferring the joint deposit, the court in the division of the man less points, the woman on a 600000 yuan deposit more than about 400000 yuan.

8. Risk Alert

• thought it must be 50-50.
• The woman is not at fault for neglecting to take care of her children.
• The contribution of housework is underestimated.
• There is an agreement but according to the statutory points.
• Tilt properly as a clean body out of the house.
• The property base was not found before the division.

9. FAQ

how to divide the divorce property?

If the first agreement fails, the court will decide on the principle of taking care of the children, the woman and the innocent party.

Must be half a person?

Not necessarily. On the basis of equality, it will be appropriately tilted towards the children, the woman and the no-fault party.

Will the wrong party leave the house clean?

Generally not. Care for the no-fault side is appropriate tilt, not all deprivation.

Who's there to listen?

Effective agreement takes precedence over statutory and is divided according to agreement.

Practical Experience of 10. Lawyers

the division of property in divorce is not simply "one person and half". Equality is indeed the background, but the law also leaves several adjustment rods: care for the rights and interests of children, women and no-fault parties, and agreement takes precedence over the law. This means that the results can be adjusted on a bisected basis, rather than mechanically halved. Understanding this is crucial, and it determines whether you should spend your energy on "proving that you should take care of me" or on "figuring out your property. In practice, it is more useful to distinguish these two things first than to repeatedly ask "how much can I divide.

If you want to fight for care, you must have the supporting facts: who directly raises the children, the actual contribution of the woman in marriage and family, whether the other party has bigamy, cohabitation with others, domestic violence and other fault situations, all need corresponding evidence. At the same time, don't forget to find out the property first-house, deposit, equity, provident fund, insurance, vehicle, debt, one by one. When the family background is not clear, no matter how favorable the principle is, it will not fall to the ground, because there is no object that can be used for calculation.

When negotiating, "care" should be used as a tool for expectation management, not as a winning card: it usually affects the distribution tendency of a few percentage points and is unlikely to turn the whole table. A more effective approach is to quote a reasonable range for each item according to the legal benchmark, so that the other party can see that you are talking on a basis, rather than opening your mouth. At the same time, I have a good idea of my upper and lower limits. Don't be biased by the expectation that "the court will take care of me anyway" and miss a plan that can be landed now and may not be better afterwards.