For the same property of husband and wife * * * during the marriage, our laws do not consider the contribution of both parties to the property or the income level in principle, and generally divide the same property of husband and wife equally at the time of divorce. At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall 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 and the woman. As long as the two sides are willing to agree on division and adhere to the principle of voluntariness, there is no fixed proportion. The division of marital property according to the principle of equality is also the embodiment of the principle of equality between men and women. If one party conceals, transfers, sells off, damages the property of husband and wife, forges debts, etc. During the divorce, the other party can recover or even re-divide the property after the divorce. If it is because of (1) bigamy; (2) Living with others; (3) committing domestic violence; (4) maltreating or abandoning family members; (five) there are other major faults. At the time of divorce, the innocent party has the right to claim damages. Besides, divorce can't ask the other party to return or compensate you.
legal ground
Article 1076 of the Civil Code: If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
According to article 1062 of the Civil Code, the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to them:
(1) Wages, bonuses and 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 Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of the same property.