If there is no compensation at the time of divorce, the common property can be requested to be divided. After the couple goes through the marriage registration procedure, the income of both parties will be common property. When there are emotional problems between the two parties to go through the divorce procedure, the common property also needs to be split. Divorce is handled by agreement, otherwise legal disputes such as litigation will be required to resolve disputes.
The husband and wife enjoy equal ownership of the common property, and both parties have equal rights and assume equal obligations. Husbands and wives have equal rights to dispose of common property. In particular, the disposition of a spouse on common property shall, unless otherwise agreed, require the consent of the other party. The division of husband and wife s common property should, in principle, be divided equally. According to the actual needs of production and living, the source of the property, etc., the two parties will agree to deal with it. When the agreement is not reached, the people s court will make a judgment based on the specific conditions of the property and take care of the rights of the children and the woman.
The source of spouses common property is the property obtained by both spouses or one party, including both the spouse s property obtained through labor and other non-laborable legal property. Of course, the law directly stipulates that it is personal property and the spouse agrees to personal property Except for. The earnings mentioned here refers to the acquisition of property rights without requiring actual possession of the property. If one party obtains a certain property such as a manuscript fee before marriage, but does not actually obtain it , the publisher will pay the manuscript fee after marriage. At this time, the manuscript fee is not the common property of the couple. By the same token, if the publishing house promises to pay a manuscript fee after marriage, but does not receive the manuscript fee until the end of the marriage relationship, then the manuscript fee is also the common property of the husband and wife.
In fact, from the above analysis, we can see that the issue of property distribution and compensation between husbands and wives is often determined by the husband and wife, and compensation is also voluntarily given by the other party. If you cannot agree on compensation, you can contact a lawyer.