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How to divide the five insurances and one gold for divorce?
Legal analysis: 1. Divide the used part of the housing provident fund. Whether one party or both parties use the housing provident fund to buy a house, this part is regarded as the common property of husband and wife and should be divided in the housing part; For the unused part, because the withdrawal of provident fund is limited to legal situations such as buying a house, retiring, dissolving labor relations, etc., in practice, the total amount of funds in each account of the husband and wife during the existence of the relationship is generally calculated, and the difference is divided according to law (mostly for the party with high total funds). 2. The endowment insurance premium has been obtained through retirement and other legal forms, and the endowment insurance premium funds of both parties are determined and can be divided like other common property; For the part that is not retired and does not meet the conditions for receiving pension insurance, the part actually paid by the individual in the pension accounts of both parties during the marriage relationship can be divided (including the part paid by the enterprise for the individual). 3. Burden of proof in divorce proceedings. When one party proposes to divide the housing accumulation fund and endowment insurance of the other party during marriage, it is necessary to prove the amount and source of the division according to the principle of "who advocates who bears" in the Civil Procedure Law. Of course, the other party can also inquire about the amount of your related account and ask for division, and finally legally divide it according to the difference between the two accounts.
Legal basis: Article 1092 of the Civil Code of People's Republic of China (PRC) stipulates that if one spouse conceals, transfers, sells off, damages or squanders the joint property of the husband and wife, or forges the joint debt of the husband and wife in an attempt to occupy the property of the other spouse, the divorce can be divided into less or no shares. After the divorce, if the other party finds the above-mentioned behavior, it may bring a lawsuit to the people's court and request to divide the joint property of husband and wife again.
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