How is property divided in a divorce?

How to divide divorce property is related to the nature of the property. Generally, personal property before marriage belongs to the individual, and joint property between husband and wife is divided. When dividing joint property between husband and wife, both parties should first negotiate and come up with a property division plan, which should then be reviewed and confirmed by the court; If the negotiation between the male and female parties fails to resolve the issue, the court will first propose a division plan, aiming to enable both parties to reach a property division agreement on the basis of mutual understanding and compromise. If a mediation agreement cannot be reached, a legal judgment shall be made.

When dividing property, the court will follow the following principles:

1. The principle of respecting the wishes of the parties involved. When dividing joint property between husband and wife, the true and lawful wishes of both parties should be respected;

2. The principle of gender equality;

3. The principle of taking care of the innocent party;

For divorce cases caused by one party's actions such as bigamy, adultery, abuse, or violence that harm the other party and their relatives, appropriate consideration should be given to the innocent party when dividing the joint property of the couple;

4. The principle of taking care of the interests of the female party and children;

5. Principle of favorable production and convenient living;

6. The principle of not harming the interests of the state, the collective, and others. The specific division and how much each party will divide will be determined based on the specific property situation.

Attention: If one party conceals, transfers, sells, or damages the joint property of the couple during divorce, or forges debts in an attempt to embezzle the other party's property, when dividing the joint property of the couple, the party who conceals, transfers, sells, damages the joint property of the couple or forges debts may request the court to reduce or not divide their property. After divorce, if the other party discovers the above-mentioned behavior, they can file a lawsuit with the people's court to request the division of the joint property of the couple again.