Presumably many people should understand the fact that husband and wife relationship in our country is more than just the fact that men and women live together in law. It is also a legal relationship with legal protection. Both parties will have common husband and wife property to bear common husband and wife debt, and When divorce, the property will be divided. So, is the divorce property income calculated from the date of marriage? The editor of Hualu.com compiled the relevant content, I hope it will be helpful to you .
The income of divorce property is calculated based on the date on the marriage certificate. The split property is not calculated based on the date of marriage. The time of registration on the marriage certificate is used as the split point before the couple s common property is counted.
1. The principle of equality between men and women. The principle of equality between men and women is the people s court s guide to handling marriage and family cases. This principle is reflected in the division of divorced property, that is, the husband and wife have the right to divide the common property equally and assume the obligation of common debt equally;
22. The principle of caring for the interests of children and women. The care here can either give the woman an appropriate number of points in the property share, or assign a certain type of property, such as housing, to the woman in the type of property. After all, in terms of habitual forces, obstacles caused by the influence of traditional factors, women s housework burdens, and physical characteristics, after divorce, ordinary women are weaker than men in their ability to find jobs and earn a living. They need more social support. Much help. At the same time, special attention should be paid to protecting the legal property rights of minors when dividing the common property of husband and wife. The legal property of minors cannot be included in the common property of the spouse for division;
Thirty-three, the principle of conducive to life, convenient life. When divorce divides common property, the utility, performance and economic value of the property should not be impaired. When dividing the means of production in the common property, it should be allocated to the party that needs the means of production and can better utilize the utility of the means of production; as far as possible, in the division of the means of living in the common property, it is necessary to meet the needs of the individual. Professional or occupational needs to make use of the value of things. The indivisible matter is owned by one party according to the actual needs and beneficial effects, and the acquirer should compensate the other party according to the fair value and the actual value at the time of divorce;
24. The principle that rights must not be abused. Divorce shall not divide property owned by the state, collective and others as common property of the husband and wife when dividing the common property of the husband and wife, and shall not use the name of the common property of the husband and wife to damage the legitimate interests of others;
25. If the property owned by one spouse is consumed, damaged or lost in the common life, the other party will not compensate. This is a summary of judicial practical experience, which meets the requirements of the nature of marital relations and marital life, and is conducive to avoiding unnecessary disputes.
In fact, from the above analysis, we can see that in our country s law, the determination of the property s income from divorce is often calculated from the day when the marriage certificate is received. At the same time, we all know that the date of marriage and the date of marriage The dates are different, so you need to pay more attention, if you encounter problems, you can contact a lawyer to deal with it.