[Direct answer]The core rules for the division of marital assets in the Marriage and Family Chapter of the Civil Code of the People's Republic of China include: Article 1062 defines the scope of marital joint property; Article 1087 stipulates that the parties shall first reach an agreement, and if no agreement is reached, the court shall make a judgment based on the specific circumstances of the property, in accordance with the principles of protecting the rights and interests of children, women, and the innocent party; Article 1092 clarifies that those who hide, transfer, sell, damage, or squander marital joint property or forge marital joint debts may be awarded a smaller share or no share at all; Article 1064 distinguishes between marital joint debts and personal debts. The law does not stipulate a fixed percentage. Equal division is just a general starting point. The court may make adjustments based on fault, contributions to household duties, and financial difficulties. It is recommended to prepare a comprehensive property inventory as soon as possible and apply for preservation measures simultaneously.

I. Legal basis and interpretation of provisions

1. Articles 1062 and 1063 of the Civil Code of the People's Republic of China (effective from January 1, 2021)

Article 1062 stipulates that the wages, bonuses, labor remuneration, income from production, operation, and investment, income from intellectual property, property inherited or donated (except for those specified in the will or donation contract as belonging solely to one party), and other property that should be jointly owned by the couple during the continuance of the marriage relationship shall be deemed as marital joint property, and both parties shall have equal rights to dispose of it. Article 1063 enumerates personal property: the premarital property of one party; the compensation or reparation obtained by one party due to personal injury; the property specified in the will or donation contract as belonging solely to one party; and the personal daily necessities of one party. The difficulty lies in the definition of the increase in value of marital property, and the key point of evidence is to retain the complete flow of funds.

2. Articles 1087 and 1092 of the Civil Code of the People's Republic of China (effective January 1, 2021)

Article 1087 stipulates that, upon divorce, the couple's jointly owned property shall be handled by mutual agreement between the parties; if no agreement can be reached, the people's court shall make a judgment based on the specific circumstances of the property, in accordance with the principles of protecting the rights and interests of the children, the wife, and the party without fault; and the rights and interests enjoyed by the husband or wife in the family's land contracting operations shall be protected in accordance with the law. Article 1092 stipulates that, if a party conceals, transfers, sells, damages, or squanders the couple's jointly owned property, or forges the couple's joint debts with the intent of appropriating the other party's property, the party may be allocated a smaller share or no share in the division of the couple's jointly owned property; and if the above-mentioned acts are discovered after the divorce, the party may request a re-division of the property.

3. The interpretation of the case by the judge in practice

The court has established several rules regarding the division of property: equal division is the usual starting point, and the degree of division depends on the degree of fault, the contribution to housework and child-rearing, and the gap in the economic ability of both parties; for unregistered rural houses and property jointly contributed during the marriage but registered in others' names, the court generally first resolves the ownership issue before handling the division, and may not handle it and require it to be resolved in a separate case; for equity and partnership shares, it is necessary to take into account the provisions of the Company Law on shareholder qualifications and preemptive rights. Generally, the shares are divided after being appraised and valued, or awarded to one party with compensation.

II. Henglue Lawyer's Real Cases (Detailed Review)

Review of the case:Wang *sheng and Zhang *hua registered their marriage in 2006 and had one daughter (who has already reached adulthood) and one son (11 years old). During their marriage, they accumulated assets such as real estate, vehicles, machinery and equipment, and insurance. In April 2025, Zhang *hua filed for divorce first, but Wang *sheng tried to save the marriage. In August of the same year, the court ruled against the divorce. Two months later, Wang *sheng discovered that Zhang *hua had been having an affair during their marriage, so he filed for divorce again.

The focus of the controversy:First, whether the marital relationship between the couple has truly broken down, that is, if there is still infidelity after the first judgment of not allowing divorce, can it be determined that there is no possibility of reconciliation? Second, whether the innocent party can receive a larger share of the joint property, that is, whether the fault committed during the marriage triggers a preferential division in favor of the innocent party? Third, the custody of the children, that is, according to the principle of what is most beneficial to the minors, which party should the 11-year-old son live with?

Our position and that of the other party are as follows:Wang *sheng claimed that the marriage should be dissolved, that the son should live with him, that he should be granted 70% of the jointly owned property, that he should share the debt of 524,782 yuan, that he should be compensated 50,000 yuan for damages, and that the defendant should bear the litigation costs. Zhang *hua verbally agreed to the divorce, but attached conditions, demanding that the custody of the child be granted to him and that he be granted 70% of the property before agreeing to the divorce. At the same time, he accused the plaintiff of transferring property, trespassing into his residence, fabricating debts, and being unfit to raise children.

Attorney's Strategy and Legal Opinion:The attorney handling the case proceeded from four aspects: Firstly, he sorted out the judgment of the first refusal to divorce and the evidence of the extramarital affair, proving that there was no possibility of reconciliation and that the legal conditions for divorce were met; Secondly, considering the children's growth environment, the parties' performance, and their ability to raise children, he argued that it was more in line with the principle of the best interests of minors for the son to live with the plaintiff; Thirdly, adhering to the principle of Article 1087 of the Civil Code of protecting the rights of the innocent party, he pointed out that Zhang *hua violated the marital duty of fidelity and was the direct cause of the marital breakdown. As the innocent party, the plaintiff should be given preferential treatment, and he claimed 70% of the joint property; Fourthly, he sorted out the joint debts and the basis for damages one by one.

The court's reasoning and case handling results:The court ruled that Zhang *hua still cheated on his wife during the marriage after his first lawsuit was dismissed, and their relationship had indeed broken down, so it granted the divorce. The court adopted the lawyer's opinion and ruled that the child born in the marriage would live with Wang *sheng, and Zhang *hua would pay 550 yuan per month in alimony until the child reaches adulthood. In accordance with the principles of protecting the rights and interests of the child, the wife, and the innocent party, the court determined that Zhang *hua's infidelity during the marriage constituted a major fault, and supported Wang *sheng's claim to 70% of the joint property. The house, car, and truck would belong to the plaintiff, while the weaving machine and warping machine would be divided in a 7:3 ratio, and the education fund and insurance would belong to the child. The court also ruled that the 35,000 yuan borrowed from the plaintiff's parents was a joint debt, and the plaintiff would repay it, with the defendant bearing half of the amount, or 17,500 yuan.

The case is handled byXiong Binrong(Practice Certificate No.: 11101202211410897, subject to the document issued by the judicial administrative organ) Agent. For more similar cases, please refer toDivorce litigation legal services.

III. Frequently Asked Questions

Q1: 1. Which assets belong to the couple's joint property?

According to Article 1062 of the Civil Code of the People's Republic of China, the wages, bonuses, labor remuneration, income from production, operation, and investment, income from intellectual property, and property inherited or donated (except for those specified in the will or donation contract as belonging solely to one party), as well as other property that should be owned jointly by the couple, are considered marital joint property, and both parties have equal rights to dispose of it. What is often confused is the increase in value of premarital property after marriage: natural appreciation generally remains personal property, while income generated from joint management and operation is usually recognized as marital joint property.

Q2: 2. How are the couple's jointly owned assets generally divided?

According to Article 1087 of the Civil Code of the People's Republic of China, in the event of divorce, the couple's jointly owned property shall be handled through an agreement between the parties; if no agreement can be reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principles of protecting the rights and interests of children, the wife, and the non-at-fault party. The law does not stipulate a fixed percentage; equal division is just a general starting point. The court may give preference according to the specific circumstances. Factors affecting the extent of division include: one party has long been responsible for housework and child-rearing, one party has committed marital faults, one party is in financial difficulties and needs care, and the structure and divisibility of the property. The rights and interests enjoyed by the husband or wife in the family's land contracting and management shall be protected in accordance with the law.

Q3: 3. What should one do if one party transfers property?

It can be claimed that the party in question should be awarded a smaller share or no share at all. Article 1092 of the Civil Code of the People's Republic of China stipulates that if a spouse hides, transfers, sells, damages, or squanders the couple's joint property, or falsifies the couple's joint debts with the intent of appropriating the other spouse's property, the party in question may be awarded a smaller share or no share at all when dividing the couple's joint property in a divorce; if the other spouse discovers such acts after the divorce, they may file a lawsuit with the people's court to request a re-division of the couple's joint property. Common forms of transfer include large-scale cash withdrawals, low-price transfers of real estate and vehicles, false loans to relatives, and sudden cancellations of equity. The countermeasure is to apply for preservation and request the court to investigate simultaneously.

Q4: 4. Do we also need to divide the joint debts together?

It is necessary to distinguish between joint debts and individual debts. According to Article 1064 of the Civil Code of the People's Republic of China, debts incurred by the joint intention of the couple, such as those signed by both spouses or acknowledged by one spouse after the fact, as well as debts incurred by one spouse in the name of the family for daily living needs during the marriage, belong to joint debts of the couple; debts incurred by one spouse in the name of the family beyond the needs of daily living do not belong to joint debts, unless the creditor can prove that the debts are used for the couple's common life, common production and operation, or based on the joint intention of the couple. The party claiming joint debts needs to provide evidence to prove the purpose of the debts.

Q5: 5. How does the court handle properties such as houses and equities?

Following the principle of giving priority to agreements and supplementing with court judgments. Regarding real estate, in accordance with Article 1087 of the Civil Code of the People's Republic of China and the relevant judicial interpretations, the parties may agree on the ownership and the acquiring party shall compensate the other party; if no agreement can be reached, the court will consider the source of the house, the investment situation, the registration status, the living needs of both parties, and the custody of the children when making a judgment. The common approach is to award the house to the party who raises the children and require them to pay a compensation fee for the depreciation. Regarding equity, it is necessary to take into account the rules of the Company Law on shareholder qualifications and preemptive rights. Usually, the equity is divided after being appraised or awarded to one party with compensation, which often requires an appraisal and evaluation.

IV. Suggestions for Protecting Rights and Interests

  • First, make a complete inventory of your assets: list your real estate, vehicles, savings, financial investments, insurance policies, equity, provident funds, and receivables one by one, and attach ownership certificates for each item. Omitting any assets can often become a source of disputes in the future.
  • Distinguish between personal property and joint property: According to Articles 1062 and 1063 of the Civil Code, keep the purchase receipts and fund flow records of pre-marital property to prevent the property form from being passively redefined after its conversion.
  • If any signs of transfer are found, take immediate action: apply for property preservation simultaneously with the prosecution, and apply to the court to retrieve bank statements, real estate and industrial and commercial registration. Claim a smaller share or no share of the property in accordance with Article 1092 of the Civil Code.
  • Submit all requests at once: claim divorce, property division, child custody, and shared debt settlement together to avoid the additional cost of litigation in separate cases.
  • Pay attention to evaluation and pricing: For properties that require professional evaluation, such as real estate and equity, the evaluation process should be initiated as early as possible to determine their value, which will provide a basis for the division plan and compensation amount.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit.Divorce litigation legal services·Attorney Xiong Binrong·Attorney Liu Xingying·Beijing Henglu Law Firm