Liu Dazhuang & Xie Dazhuang: The division of property brought about by the marriage breakup

At the beginning of "Heart Flower Road Release", Geng Hao, played by Huang Bo, takes a chainsaw and accurately divides all the items such as air conditioners, ovens, computers, and TVs in the home into two halves according to the measuring scale. When the saw was right and full of fire, the lawyer played by Guo Tao walked in with the "Divorce Agreement" and the wedding ring, and Geng Hao asked the lawyer to tell his wife, "I have divided the property, half of a person, and my extra centimeter of light will not stick to her." The lawyer said lightly, "My client said, on the issue of property, she chose to give up." "Such a scene is only designed to entertain the public, and from a legal point of view, similar treatment is simple and crude, and does not solve the actual problem of property division."

Article 1087 of the Civil Code stipulates that in the event of divorce, the joint property of the husband and wife shall be handled by agreement between the two parties; if the agreement fails, the people's court shall make a judgment in accordance with the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman and the party without fault.

First of all, before the court's judgment, if the husband and wife have reached an agreement on the division of common property, it shall be handled according to the agreement, so either party may give up the property; second, in a fairly ideal situation, the husband and wife shall divide the common property equally; finally, in view of some specific circumstances, which are also relatively common situations, it is necessary to analyze specifically, first, if the division of the joint property between the husband and wife is not agreed, the people's court shall make a judgment according to the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman and the no-fault party; second, According to Article 1088 of the Civil Code, if one of the spouses bears more obligations due to raising children, caring for the elderly, assisting the other party in his work, etc., he has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; if the agreement fails, the people's court shall make a judgment. Third, according to Article 1089 of the Civil Code, in the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient or the property belongs to each other, the two parties shall agree to settle the matter; if the agreement fails, the people's court shall make a judgment. Fourth, according to Article 1090 of the Civil Code, in the event of divorce, if one party has difficulties in life, the other party who has the capacity to afford it should give appropriate assistance. The specific measures shall be agreed upon by both parties; if the agreement fails, the people's court shall make a judgment.

Marriage is based on feelings, and as a lawyer, I have witnessed how many couples who were once like glue paint have become like wrongdoers in past lives on the issue of dividing property. Lawyers will use the law as the basis to fight for the greatest rights and interests of their clients, but lawyers are not machines, they are flesh and blood and feelings, and in the face of so many divorce cases, they can only sigh!