With regard to the Court of divorce cases dealing with the issue of property to a number of specific comments increase will lawyers _ Zhang

With regard to the Court of divorce cases dealing with the issue of property to a number of specific comments by issuing (1993), no. 32 report: the Supreme People's Court in divorce cases dealing with the issue of property to a number of specific comments (Supreme Committee meetings to discuss and adopt a 603) Court in divorce cases on treatment of marital property, should the People's Republic of China Law of marriage, the protection of the rights and interests of women People's Republic of China "and the relevant legal provisions, to distinguish between personal property, conjugal and family of common property, equality between men and women, women 's, children's legitimate rights and interests, to take care of the innocent party, respect for the parties will, enabling production, easy life principle, reasonable to be addressed. According to the above principles, the combination of trial practice, make the following specific views: 1, husband and wife on property return who all agreed upon in writing, or orally agreed, both non-controversial, as agreed upon divorce. But avoid legal agreement is null and void. 2. the spouses in the marriage of property acquired during the marital property, including: (1) one or both labour income and the purchase of property; (2) or one or both of the inheritance, the recipient's property; (3) a party or parties by the economic benefits of intellectual property rights; (4) a party or parties engaged in contracting and leasing of production and management activities of receipts; (5) one or both of the creditor's rights; (6) of one or both of the other legal. 3. during the marriage, demobilization, disarmament, demobilization and reintegration of zhuanyejunren, job cost, married 10 years and should be carried out according to the marital property Division. Demobilized soldiers from the army back to the home of pharmaceutical subsidies and production subsidies, all should be owned by himself. 4, the two sides separated spouses respectively, management, use of the marital property, the proceeds should be identified as the marital property. On the split property, separately the management, use of the property of their respective owners. Both the Division of property, the difference of vastly by much property of a party to the difference between a property and compensate the other party. 5, registered marriage, not living together, one or both the recipient's cash gifts, gifts should be identified as the marital property, specific treatment should be considered property, such reasonable split number. Respective capital acquisition, the property of their respective use in principle of their respective owners. 6, a party to the marriage, personal property by a marriage of mutual use, operation, management, housing and other value larger production after eight years, the precious life information after 4 years as the marital property. 7, personal property or marital property is difficult to determine, claim a party onus. The parties cite no strong evidence that people are elusive, conjugal deal. 8, marital property, the principle of equal division. According to the production, the practical needs of life and property sources, specific processing time can vary. A personal dedicated articles, generally grouped all individuals. 9. a party to the joint property of husband and wife with another partnership, occupation of the property can be assigned to a party all, get ready for occupation of the property to another party should be equivalent to the occupied half the value of the property. 10, belongs to the means of production of marital property, to business conditions and capacities of a party. Given the means of production of one party to another party should be given equal to half the value of the property. 11, the common management of husband and wife were no proceeds of breeding, farming, and divorce should be conducive to the development, production, operation and management considerations, be reasonable segmentation or discount. 12, 8 years after marriage prenuptial party to all the houses for renovation, decoration, the demolition of the original building, the divorce without change of ownership, housing all property rights remain, value-added portion belongs to another party share ownership by housing people discount compensation to the other party; did extension, the extension of housing should be dealt with according to the marital property. 13, on the use of unsuitable for segmentation of matrimonial homes, should be based on both sides of the housing and care of dependent children, or non-fault party principles to all parties. Share housing side to the other party should be given equal to half the value of the House. In both conditions equivalent should take care of the woman. 14, during marriage living housing all belonging to the party, the other party to the divorce on the grounds of residence without the room after the request for temporary stay, the verified can love be supported, but generally not more than two years. No room for a party rental housing economically there is difficult, enjoy the House property right may give a one-time economic assistance. 15, divorce party has yet to achieve the economic benefits of intellectual property rights owned by all parties. On the split when marital property, depending on the situation, on the other side be proper care. 16, premarital personal property in the common life after marriage nature damage, consumption, loss, divorce party requesting to cover the marital property, do not support. 17, husband and wife as community life or to fulfil the obligation of maintenance, maintenance, and so the debt, should be identified as the marital debts at the time of divorce shall be liquidated in the marital property. Following the debt cannot be identified as the marital obligations, should be made by a party to the personal property discharge: (1) the spouses agree to a debt burden from the individual, but to escape debt except for the purpose. (2) a party without the otherAgreement, arbitrarily funding and there is no obligation for relatives and friends of the debt. (3) a party without the consent of the other, the financing operations alone, their income is not used for the common life of the debt. (4) other should be personally liable for the debt. 18, prenuptial party loan acquisition of housing property has been transformed into the joint property of husband and wife, as the acquisition of property in the debts, borrow as marital debts. 19, borrow copies of marriage, divorce, property, such as marriage, time, or ask for property caused to the other party lives difficult, in its discretion, refund. The nature of the property is difficult to obtain or gifts may be designated gift processing. 20, divorce, marital property is not a common heritage from families precipitation, a request for Division, to divorce and property issues have been identified, it is difficult to ascertain the exact moment of the Division of property, may inform the parties in the other case, processes, or abort the divorce proceedings, pending the allocation of the trial and then restore the divorce proceedings. 21, a party will be conjugal transfer of illegal hide, refused to surrender, or illegally sold, the destruction of or damage to property, segmentation, to hide, transfer, sell, damage to property of a party, it should be little or no. Specific treatment, should be hidden, transfer, sell, destruction of or damage to property as a hidden, transfer, sell, damage property of a party's share of the share of property, on the other party's share of the other should be folded to the marital property, less than the difference between the discount to, in part by the hidden, transfer, sell, damage to property of a party discount compensation for each other. On illegal hide, transfer, sell, or damages of marital property can be a party to a court in accordance with the code of civil procedure People's Republic of China article 102. 22, belongs to the facts of the marriage, property Division applies this opinion. Unlawful cohabitation, the property of segmentation according to the Supreme Court did not do marriage registration and to cohabiting couples in the case of the relevant provisions of this opinion.