How should divorce property and debts be distributed?

Legal analysis: 1. How to divide the divorce property?

(1) The common property of husband and wife should generally be shared equally. In other words, the common property of husband and wife is divided equally in principle; According to the actual needs of production and life and the source of property, the specific treatment methods can also be different. Articles belonging to individuals are generally owned by individuals.

(2) The common property managed and used by the husband and wife living in two places shall be owned by the manager and the user when it is divided;

(3) If there are difficulties, you can ask the other party to return the bride price at the time of divorce.

(4) If one party cooperates with others with the common property of husband and wife, the property it occupies can be owned by one party, and the party sharing the property should compensate the other party for half of the value of the property it occupies.

(5) The breeding industry jointly operated by husband and wife and having no income in that year should be divided or discounted reasonably when divorced, considering that it is conducive to the development of production and operation.

(6) Both parties have repaired, renovated, demolished and built a house owned by one party before marriage, and the property rights have not changed at the time of divorce. The diffused part shall belong to the other party's share, and the owner of the house shall compensate the other party at a discount.

(7) Property acquired through marriage, such as short marriage time, or demanding property during divorce, which causes difficulties for the other party. Can be returned as appropriate. If it is difficult to determine the nature of the acquired property, it can be treated as a gift.

(8) Houses shared by husband and wife that are not suitable for separate use should be allocated to one party according to the housing situation of both parties and the principle of caring for and raising children or the innocent party. The party who gets the house should compensate the other party for half the value of the house. Take care of the woman under the same conditions for both parties.

(9) If all the intellectual property rights of one party have not realized the economic benefits at the time of divorce, the other party should be properly taken care of when dividing the joint property of husband and wife.

(10) Personal property before marriage is naturally damaged, consumed or lost in the common life after marriage. If one party claims compensation with the joint property of husband and wife during divorce, it will not be supported.

Second, how to divide the divorce debt

Divorce debt is generally the division of joint debts of husband and wife. According to the principle of division of husband and wife's common property, the joint debts of husband and wife are divided, that is, in the absence of agreement, the court will give less debts to the caregivers according to the principles of taking care of the children and raising one party, taking care of the woman and taking care of the innocent party.

It should be noted that how to divide the divorce debts of husband and wife does not affect the creditor's rights, but only determines who will bear the joint debts of husband and wife. Therefore, after the husband and wife or the court decide how to divide the divorce debt, the divorce debt cannot be divided, and the other party has the debt as a reason to oppose the creditor's demand for repayment of the creditor's rights. The way to avoid this situation is to get the creditor's consent when the divorce debt is divided. On the basis of the creditor's consent, if one party fails to repay the debt, the creditor has no right to ask you to repay the debt that does not belong to you.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1087 In case of divorce, the joint 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.

Article 1089 Upon divorce, the joint debts of husband and wife shall be paid off jointly. If the joint property is insufficient to pay 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.