I. Criteria for Divorce Property Division \x0d\ Joint property division of husband and wife means that the joint property of husband and wife is divided into their own personal property according to law at the time of divorce. Articles 17 to 19 of the current marriage law make it clear that the joint property of husband and wife is acquired during the existence of the relationship between husband and wife, and stipulate the contents of the joint property of husband and wife in an enumerated and summarized way. The law also stipulates that there are two ways for husband and wife to divide property: agreement division and judgment division At the time of divorce, if both parties have legal marriage property agreement, such agreement shall prevail. The unique property of one party belongs to itself. The property jointly owned by husband and wife should generally be divided equally, or not if necessary. In case of dispute, the people's court shall make a judgment according to law. \x0d\ II. Principle of joint property of husband and wife \x0d\ According to the provisions of the Marriage Law and the Supreme People's Court's "Several Specific Opinions on Handling Divorce Cases by People's Courts" (hereinafter referred to as "Opinions on Property Division"), combined with judicial practice, the people's courts can follow the following principles when trying divorce cases: \ x0d \ The principle of equality between men and women is not only reflected in various legal norms of the Marriage Law, but also. This principle is embodied in the division of divorce property, that is, husband and wife have the right to share the same property equally and bear the same debt equally. \x0d\2。 The principle of taking care of the interests of children and women. The "care" here can not only give the woman extra points in the share of property, but also allocate the property that is particularly needed in a certain life, such as housing, to the woman in the type of property. After all, judging from the influence of habits, obstacles caused by traditional factors, women's housework burden and physiological characteristics, after divorce, women are weaker than men in finding jobs and making a living, and they need more help from society. At the same time, when dividing the marital property, special attention should be paid to protecting the legitimate property rights and interests of minors. The legal property of minors cannot be divided into marital property. 3. The principle of being beneficial to life and convenient for life. When divorce is divided, the utility, performance and economic value of the same property shall not be damaged. When dividing the means of production in the same property, it should be allocated to the party that needs the means of production and can give full play to its effectiveness as far as possible; When dividing * * * from the living materials in the property, we should try our best to meet the needs of individuals engaged in professional or professional work, so as to give full play to the use value of the property. The indispensable items shall be owned by one party according to the principle of actual needs and beneficial use, and the co-owners shall compensate the other party according to the principle of fairness and the actual value at the time of divorce. \ x0d \ 4。 The principle that rights should not be abused. When a husband and wife divorce and divide the same property, they shall not divide the property owned by the state, the collective and others as the same property, and shall not harm the legitimate interests of others in the name of dividing the same property. \ x0d \ 5。 If all the property owned by one spouse is consumed, damaged or lost in the same life, the other spouse will not make compensation. This is a summary of judicial practice experience, which conforms to the requirements of the relationship between husband and wife and the essence of married life and is conducive to avoiding unnecessary disputes. Regarding the principle of taking care of the innocent party, many textbooks believe that this principle must be adhered to when divorcing and dividing the property of husband and wife. However, we believe that the revised Marriage Law adds the system of compensation for divorce damages, which can reflect the justice of the law by compensating the innocent party in divorce. Therefore, when the husband and wife divide the same property during divorce, they don't have to adhere to the principle of taking care of the innocent party, otherwise it may lead to imbalance of interests. \x0d\ III. Housing division of divorced couples. \x0d\( 1) Disposal of houses owned by husband and wife or one party. Houses purchased and built by husband and wife during the marriage relationship, or houses purchased and built by both parties before marriage, are owned by husband and wife, and should be divided into joint property of husband and wife when divorced. According to Article 20 of Interpretation of Marriage Law (II), if both parties fail to reach an agreement on the value and ownership of the house in the same property, the people's court shall handle it according to the following circumstances: \x0d\ (1) If both parties claim the ownership of the house and agree to win the bid, it shall be allowed; (two) if one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall compensate the other party; \x0d\ (3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the party concerned, and the proceeds shall be divided. The usual practice in judicial practice is: * * * There are houses that can actually be used separately, and they can be used separately. If it cannot be used alone, the price can be fixed to one party, and the other party can get compensation. When deciding which party to allocate the house to, we should consider the housing situation of both parties and take care of the parents who are raising the children. On the condition that both parties are equal, the woman should be taken care of. \x0d\ (4) After marriage, both parties shall repair, decorate and demolish the houses owned by one party before marriage. If the property right is not changed at the time of divorce, the house still belongs to the property owner, and the value-added part belongs to the other party, and the owner of the house compensates the other party at a discount; The expanded and expanded houses are regarded as the property of husband and wife. \x0d\ (5) When divorcing, if one party has difficulties in life, such as having no fixed address after divorce, the other party should give appropriate help from his personal property such as his house. \x0d\ (6) Due to the diversification of China's housing system, the status of housing ownership is also diversified, which needs to be handled differently: \x0d\ First, for private houses and public houses with property certificates that can be listed and traded, the time when the property certificates are issued is generally subject. According to the principle of real right in civil law and China's housing management policy, in general, housing ownership registration is a necessary procedure to obtain housing ownership. Only by going through the formalities of property right registration or transfer can the real ownership of the house be obtained. Therefore, for such issues involved in divorce cases, if the disputed house is obtained after marriage registration, it should be regarded as the joint property of husband and wife; If the ownership is obtained before the marriage registration, it should be recognized as personal property and cannot be divided as husband and wife. \x0d\ Secondly, the public house rented by one spouse before marriage was purchased with the property of * * * during the marriage relationship, and the house is jointly owned by * * *. Because the right to use public houses can be transferred to the market through the lease right, it has certain exchange value. When divorcing and dividing houses, the following situations can be distinguished: \ x0d \ a. One party rents public houses before marriage, and obtains them based on welfare policies, and then buys property rights with * * * after marriage. Because the exchange value of the right to use the original public houses cannot be reflected during the marriage relationship, the original property right can be ignored when the house is divided in divorce. \ x0d \ b. The public house rented by one party before marriage is obtained by paying the consideration with personal property, and the property right is purchased with * * * after marriage. When the property right house is divided by divorce, the part of the consideration paid when obtaining the right to use the original public house shall be determined to belong to the husband or wife who rented it at that time, and the residual value of the property right house shall be divided by * * * *. \ x0d \ c. If a public house rented by the parents of one of the spouses before marriage is purchased by the husband and wife with the same property after marriage, the exchange value of the right to use the original public house can be presumed as a gift from the parents to both spouses with reference to Article 22 of the Interpretation of Marriage Law (II). At the time of divorce, the property right house can be directly shared by the same property. \x0d\ III. Division of purchased public houses. \x0d\ Employees of a unit can purchase public houses of the unit, which can be divided into two situations: purchasing complete property rights and purchasing partial property rights. Employees who acquire all property rights when purchasing a housing reform house will be divided into personal property or joint property of husband and wife according to the time when they acquire the property. In addition, there is another situation, that is, employees who have purchased housing reform houses only obtain part of the ownership of the houses, while the selling units still enjoy part of the ownership of the houses. In this case, the houses acquired by employees are called "houses with limited property rights". For houses with limited property rights purchased by employees, generally, when the property rights of the house are divided through divorce, the spouse who obtains the "partial property rights" of the house with the same investment shall generally compensate the other half of the house value according to the proportion of the property rights obtained. \x0d\ Fourth, parents have contributed to the purchase of houses for their children. \x0d\ According to the relevant provisions of the Interpretation of Marriage Law, according to the specific conditions such as pre-marital purchase, post-marital purchase and whether parents have given gifts, it is determined according to the following principles: \x0d\( 1) If the parties get married, the parents contribute to the purchase of houses for both parties, the contribution shall be deemed as a personal gift to their children, unless the parents explicitly give it to both parties. In this case, the house belongs to the child or the woman's pre-marital property and does not participate in the division of property at the time of divorce. If parents invest in buying a house for their children or women before marriage and clearly indicate that the house is owned by both children and their spouses, it is regarded as a gift from parents to both children and their spouses. The house belongs to both husband and wife and participates in the distribution when divorced. \x0d\(2) If the parents contribute to the purchase of houses for both parties after the parties get married, the contribution shall be deemed as a gift to both husband and wife, unless the parents explicitly indicate that it is a gift to one party. In this case, if the parents contribute to the purchase of houses for both parties, the contribution shall be recognized as a gift from the parents to their children and their spouses, and shall be divided as the joint property of the husband and wife at the time of divorce. If the parents buy a house for their children after marriage, and the parents expressly give it to their children or daughters, then the house belongs to one party, not to the husband and wife, and will not participate in the division when divorced. Fifth, there are a large number of cases of property rights division of mortgage loans in practice. Because the house payment for house purchase is obtained through bank loan, before the bank mortgage loan is paid off, the owner of the house registered on the real estate license is not the complete owner of the house, and the bank, as the borrower, has the mortgage right of the house. According to the time of applying for a loan to buy a house and the repayment situation of the house purchased by the loan, \x0d\ when a couple divorces, the following principles are generally applied to deal with a house with a mortgage: \x0d\( 1) One party applies for a mortgage to buy a house before marriage, and the title certificate is registered in the name of the other party, and both husband and wife repay after marriage. In this case, according to the provisions of article 17 of the Marriage Law, only the property acquired during the marriage relationship can be recognized as the joint property of husband and wife (unless otherwise agreed). Therefore, the property acquired by one party before marriage does not belong to the joint property of husband and wife; However, since the property used to repay the loan after marriage should be the joint property of husband and wife, the owner of the house should compensate the other party for the loan repaid during the relationship between husband and wife. \x0d\(2) The title certificate of the house purchased by applying for mortgage loan after marriage is registered in the name of one party, but both husband and wife repay the loan. In this case, the house should be recognized as the property of husband and wife. When dividing the property, the court will generally decide that the property belongs to one party and the other party gets half of the down payment and mortgage; If the husband and wife jointly pay the mortgage, but the amount paid is different, for example, one party pays most of the mortgage and the other party pays a small amount, and there is evidence to prove this situation, the property of this part of the mortgage is regarded as * * *, which belongs to the owner on the property certificate, and the other party obtains the paid mortgage according to the proportion of the paid mortgage; If one of the husband and wife pays the mortgage and the other does not, it is difficult to obtain evidence to prove that one of them has paid the mortgage in practice, so if there is no clear agreement, it will basically be regarded as a part of the mortgage for both parties. Another way to deal with it is by auction. After deducting the expenses required for evaluating the auction, the bank, as the mortgagee, will be paid first, and the rest will be divided as the joint property of husband and wife.