The personal property of one spouse is as follows:
1, one party's premarital property;
2. Compensation or compensation obtained by one party for personal injury;
3. Property that belongs to only one party is determined in the will or gift contract;
4. Daily necessities for one party;
5. Other property that should be owned by one party.
The drafting of divorce agreement shall include the following contents:
1, which indicates the intention of both parties to divorce voluntarily;
2. Ownership of custody of children, agreement on custody and agreement on visitation rights;
3. Confirmation and clear division of the joint property of husband and wife;
4. Whether there is a debt and settlement agreement between husband and wife;
5. In addition, the contents of the agreement shall not violate the prohibitive provisions of the law and public interests.
The procedure of divorce by agreement is as follows:
1. Prepare relevant documents. Household registration book, ID card (original and photocopy) and marriage certificate (original and photocopy). Foreigners and compatriots from Hong Kong, Macao and Taiwan who apply for divorce by agreement in China need to provide the following documents: their valid passports or valid identity documents from Hong Kong, Macao and Taiwan, and compatriots from Hong Kong, Macao and Taiwan also need to provide valid travel documents such as travel permits to and from the mainland or home visits;
2. Prepare relevant materials. Two recent bareheaded two-inch photos of a single person. The divorce agreement signed by both parties (signature-free, in triplicate) must clearly state that both parties voluntarily divorce, and both parties have reached an agreement on issues such as child support and property division, otherwise the divorce agreement will be invalid;
3. Both husband and wife apply for divorce in person at the Civil Affairs Bureau where one of the permanent residences is located. The Civil Affairs Bureau filled out the application for divorce registration on the spot, and the staff conducted the preliminary examination. If the marriage certificate is lost, the party who lost the marriage certificate shall declare it lost in writing. Take a marriage registration file from the archives room, affix the special seal for the file, and then handle it. After the first trial is passed, the staff will issue a receipt for accepting the divorce registration application to both parties. Both sides go home, etc.;
4. After getting the receipt, both husband and wife need to go home and wait for a 30-day cooling-off period;
After the cooling-off period on May 5th and 30th, both parties went to the Civil Affairs Bureau for divorce again. After verification, the civil affairs bureau staff recovered the marriage certificate and issued a divorce certificate.
To sum up, the divorced property does not need to pay the house price first. When one party obtains the house property, it will continue to repay the loan principal and interest to the bank and pay half of the house value to the other party.
Legal basis:
Article 1076 of the Civil Code of People's Republic of China (PRC)
If the husband and wife voluntarily divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of the will of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.
Article 11 of the Regulations on Marriage Registration
Mainland residents who register for divorce shall present the following documents and supporting materials:
(1) My household registration book and ID card
(2) My marriage certificate
(3) The divorce agreement signed by both parties.
When applying for divorce registration, Hong Kong residents, Macao residents, Taiwan Province residents, overseas Chinese and foreigners shall present valid passports and identity cards in addition to the documents and supporting materials specified in Items (2) and (3) of the preceding paragraph, and overseas Chinese and foreigners shall also present valid passports or other valid international travel documents.
The divorce agreement shall specify the expression of the will of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.
Article 12 stipulates that
In any of the following circumstances, the marriage registration authority shall not accept the divorce registration:
(1) No divorce agreement has been reached.
(2) Belonging to a person without or with limited capacity for civil conduct.
(three) do not apply for marriage registration in mainland China.