American Marriage Law Divorce Property Division

1. How to divide property in divorce in the United States. Property is divided according to the income of both parties. The woman has less income and the man has more. The situation in the United States is quite special. It is a country where two systems coexist. Nine states including Arizona, California, Puerto Rico and Guam implement a marital separate property system, while the remaining 41 states, the District of Columbia and the Virgin Islands implement a marital separate property system. The cost of marriage in the United States is extremely high. Similar to the United Kingdom, marital property is more inclined to protect women and children after divorce. The United States passed a law in 1970 that stipulates that couples can divorce without any reason and without the consent of the other party, but must pay high compensation to the other party. According to the 1983 United States Uniform Matrimonial Property Act, all property acquired by both parties after marriage is joint property, and both parties enjoy an undivided half interest in the joint property. According to law, property division between a man and a woman in the United States must be based on the income of both parties when they divorce. If the woman's income is low, the man has to pay more. In the United States, if a man divorces because of an extramarital affair, when the judge decides who should keep the house, the house will usually be awarded to the woman. When it comes to house division, a phenomenon that is more likely to occur is the overlap of property before and after marriage. For example, an American man bought a $300,000 house before getting married. The house was registered in his own name and he paid a down payment of $60,000. After the marriage, the house was still registered in the husband's name, but the couple began to pay one month's installments together. In the event of divorce, the house cannot be counted as the man's private property. The down payment made by the man can be deducted. The remaining value of the house is owned jointly by both parties and needs to be divided according to the requirements of the law.

2. How to distribute property between husband and wife upon divorce. According to Article 1087 of the Civil Code, upon divorce, the separate property of the husband and wife shall be dealt with by agreement; if the agreement cannot be reached, the property shall be distributed by both parties. The people's court will make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the non-fault party. The rights and interests enjoyed by husband or wife in family land contract management shall be protected in accordance with the law. Article 1062 of the Civil Code stipulates that the following property acquired by a husband and wife during the marriage relationship is the joint property of the husband and wife and shall be owned jointly by the husband and wife: (1) Salaries, bonuses, Remuneration for labor services; (2) Income from production, operation, and investment; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law; (5) Other property that should belong to the consortium. Husband and wife have equal rights to handle the same property.

3. How to divide divorce debts. During divorce, the debts originally borne by the husband and wife living together must be repaid jointly. If the property of the two parties is insufficient to repay the debt, or if the property belongs to each of them, the two parties shall agree to repay the debt; if an agreement cannot be reached, the People's Court shall make a judgment. Article 17, paragraph 1, of the "Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in the People's Courts' Trial of Divorce Cases" stipulates: Debts borne by husband and wife who live together or fulfill their obligations of support and support shall be recognized as husband and wife. Debts of the same spouse shall be paid off with the joint property of the husband and wife upon divorce. Article 24 of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China and the People's Republic of China (2)" stipulates: If a creditor claims rights in respect of debts borne by a spouse in his or her individual name during the marriage relationship, the creditor shall claim the rights as a couple. ***Same as debt handling. However, this is except where one spouse can prove that the creditor and debtor have clearly agreed that the debt is a personal debt, or can prove that it falls under the circumstances specified in paragraph 3 of Article 19 of the Marriage Law. Article 25 stipulates: If the divorce agreement of the parties or the judgment, ruling, or mediation of the people's court has dealt with the issue of division of marital property, the creditor still has the right to claim rights against both the man and the woman for the husband and wife's joint debt. After one party assumes joint and several liability for repaying the joint debt, if one party claims compensation from the other party based on the divorce agreement or the legal document of the People's Court, the People's Court shall support it.