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再婚夫妻婚后财产分割会出现哪些问题
作者:admin 发布于:2019-01-10 16:41

夫妻财产是我们日常生活中最常见的一种财产制度,它是将夫妻财产进行各种处理,那么再婚夫妻婚后财产分割问题有哪些?
 
Marital property is one of the most common property systems in our daily life. It deals with marital property in various ways. What is the problem of property division after remarriage?
 
 
 
 
 
再婚夫妻婚后财产分割问题受到人们关注,现在再婚夫妻的问题是很多的,尤其是再婚夫妻婚后财产分割的问题,财产纠纷引起了很多人的讨论。
 
The issue of property division of remarried couples after marriage has attracted people's attention. Now there are many problems of remarried couples, especially the issue of property division of remarried couples after marriage. Property disputes have aroused many people's discussion.
 
 
 
人民法院审理离婚案件对夫妻共同财产的处理,应当依照《中华人民共和国婚姻法》、《中华人民共和国妇女权益保障法》及有关法律规定,分清个人财产、夫妻共同财产和家庭共同财产,坚持男女平等,保护妇女、儿童的合法权益,照顾无过错方,尊重当事人意愿,有利生产、方便生活的原则,合情合理地予以解决。根据上述原则,结合审判实践,提出如下具体意见:
 
In handling divorce cases, the people's courts shall, in accordance with the Marriage Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Women's Rights and Interests and relevant laws, distinguish between personal property, marital property and family property, uphold equality between men and women, protect the legitimate rights and interests of women and children, take care of the innocent party and respect the wishes of the parties concerned. We hope that the principles of production and life convenience will be solved reasonably and reasonably. Based on the above principles and combined with trial practice, the following specific opinions are put forward:
 
 
 
1、夫妻双方对财产归谁所有以书面形式约定的,或以口头形式约定,双方无争议的,离婚时应按约定处理。但规避法律的约定无效。
 
1. Where there is no dispute between the spouses regarding who the property belongs to is agreed in writing or orally, the divorce shall be handled in accordance with the agreement. But the agreement to circumvent the law is invalid.
 
 
 
2、夫妻双方在婚姻关系存续期间所得的财产,为夫妻共同财产,包括:
 
2. The property acquired by the husband and wife during the period of their marriage relationship shall be the common property of the husband and wife, including:
 
 
 
(1)一方或双方劳动所得的收入和购置的财产;
 
(1) Income from labour and property purchased by one or both parties;
 
 
 
(2)一方或双方继承、受赠的财产;
 
(2) property inherited or donated by one or both parties;
 
 
 
(3)一方或双方由知识产权取得的经济利益;
 
(3) The economic benefits obtained by one or both parties from intellectual property rights;
 
 
 
(4)一方或双方从事承包、租赁等生产、经营活动的收益;
 
(4) The income of one or both parties engaged in production and business activities such as contracting and leasing;
 
 
 
(5)一方或双方取得的债权;
 
(5) The creditor's rights acquired by one or both parties;
 
 
 
(6)一方或双方的其他合法所得;
 
(6) other lawful gains of one party or both parties;
 
 
 
3、在婚姻关系存续期间,复员、转业军人所得的复员费、转业费,结婚时间10年以上的,应按夫妻共同财产进行分割。复员军人从部队带回的医药补助费和回乡生产补助费,应归本人所有。
 
3. During the period of marriage, the demobilization fees and transfer fees earned by demobilized and transferred servicemen shall be divided according to the common property of husband and wife if the marriage time is more than 10 years. The medical allowance and production allowance brought back by demobilized soldiers from the Army shall be owned by themselves.
 
 
 
4、夫妻分居两地分别管理、使用的婚后所得财产,应认定为夫妻共同财产。在分割财产时,各自分别管理、使用的财产归各自所有。双方所分财产相差悬殊的,差额部分,由多得财产的一方以与差额相当的财产抵偿另一方。
 
4. Property acquired after marriage, which is managed and used separately by husband and wife, shall be recognized as joint property of husband and wife. When dividing property, the property managed and used separately belongs to each other. Where there is a great difference in the property allocated by the two parties, the difference shall be compensated by one party that acquires more property to the other party with the property equivalent to the difference.
 
 
 
5、已登记结婚,尚未共同生活,一方或双方受赠的礼金、礼物应认定为夫妻共同财产,具体处理时应考虑财产来源、数量等情况合理分割。各自出资购置、各自使用的财物,原则上归各自所有。
 
5. Registered marriages have not yet lived together. Gifts and gifts given by one or both parties should be recognized as joint property of husband and wife. Property sources and quantities should be considered when dealing with them. Property purchased and used by each party shall, in principle, be owned by each party.
 
 
 
6、一方婚前个人所有的财产,婚后由双方共同使用、经营、管理的,房屋和其他价值较大的生产资料经过8年,贵重的生活资料经过4年,可视为夫妻共同财产。
 
6. Property owned by one party before marriage is jointly used, managed and managed by both parties after marriage. After 8 years of housing and other means of production with greater value, and after 4 years of valuable means of livelihood, it can be regarded as joint property of husband and wife.
 
 
 
7、对个人财产还是夫妻共同财产难以确定的,主张权利的一方有责任举证。当事人举不出有力证据,人民法院又无法查实的,按夫妻共同财产处理。
 
7. If it is difficult to determine whether personal property or joint property of husband and wife, the party claiming the right shall bear the burden of proof. If the party concerned fails to present strong evidence and the people's court is unable to verify it, the matter shall be handled according to the joint property of the husband and wife.
 
 
 
8、夫妻共同财产,原则上均等分割。根据生产、生活的实际需要和财产的来源等情况,具体处理时也可以有所差别。属于个人专用的物品,一般归个人所有。
 
8. The common property of husband and wife shall be divided equally in principle. According to the actual needs of production, life and the source of property, specific treatment can also be different. Articles for personal use are generally owned by individuals.

 


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