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当事人复婚后又离婚的财产如何分割

作者:admin  日期:2019-03-07 10:30  人气:
再次离婚后仍然归一方个人所有,不能作为夫妻共同财产分割。最高人民法院《关于适用〈中华人民共和国婚姻法〉若干问题的解释(一) 》第十九条明确规定,婚姻法第十八条规定为夫妻一方所有的财产,不因婚姻关系的延续而转化为夫妻共同财产。但当事人另有约定的除外。所以,除非双方另有约定,当事人复婚再离婚的财产分割问题同样依照一般的离婚财产分割的方式处理。
 
After divorce again, it is still owned by one party and can not be divided as the common property of husband and wife. Article 19 of the Supreme People's Court's Interpretation of Several Questions Concerning the Application of the Marriage Law of the People's Republic of China (1) clearly stipulates that Article 18 of the Marriage Law stipulates that property owned by one spouse shall not be converted into joint property of the spouse due to the continuation of the marriage relationship. Except as otherwise agreed by the parties. Therefore, unless otherwise agreed by both parties, the property division of remarriage and divorce of the parties is also handled in the same way as the general divorce property division.
 
 
 
(1)夫妻共同财产,一般应均等分割。也就是说,夫妻共同财产,原则上均等分割;根据生产、生活的实际需要和财产的来源等情况,具体处理时也可以有所差别。属于个人专用的物品,一般归个人所有。
 
(1) The common property of husband and wife shall generally be divided equally. That is to say, the common property of husband and wife should be divided equally in principle; according to the actual needs of production and life and the source of property, the specific treatment can also be different. Articles for personal use are generally owned by individuals.
 
 
 
(2)夫妻分居两地分别管理、使用的共同财产,分割时各归管理、使用方所有;相差悬殊的差额部分,由多得财产的一方以与差额相当的财产抵偿另一方。
 
(2) Common property managed and used separately by husband and wife shall be owned and used separately when they are separated; the disparity in the difference shall be compensated by one of the more property to the other by the property equivalent to the difference.
 
 
 
(3)已登记结婚尚未共同生活,按照习俗给付的彩礼的,或婚前给付导致给付人生活困难的,离婚时可以请求对方退还彩礼。
 
(3) If a registered marriage has not yet lived together, the betrothal gifts paid according to custom or the pre-marital payment results in difficulties in the life of the betrothal gifts, the other party may be requested to return the betrothal gifts in case of divorce.
 
 
 
(4)一方以夫妻共同财产与他人合伙经营的,入伙的财产可以给一方所有,分得入伙财产的一方对另一方应给予相当于入伙财产一半价值的补偿。
 
(4) If one party operates in partnership with another party through the joint property of husband and wife, the property joined in the partnership may be owned by one party, and the party who shares the property joined in the partnership shall compensate the other party for half the value of the property joined in the partnership.
 
 
 
(5)对夫妻共同经营的当年无收益的养殖、种植业等,离婚时应从有利于发展生产、有利于经营管理考虑,予以合理分割或折价处理。
 
(5) When divorcing the unprofitable farming and planting industries that husband and wife co-operate in the same year, the divorce shall be reasonably divided or discounted in consideration of the advantages of production development and management.
 
 
 
(6)双方对婚前一方所有的房屋进行过修缮、装修、原拆原建,离婚时未变更产权,增殖部分中属于另一方应得的份额,由房屋所有人折价补偿给另一方。
 
(6) Both parties have repaired, renovated and demolished the houses owned by one party before marriage, and the property right has not been changed at the time of divorce. The share of the increase part belongs to the other party and is compensated by the owner of the house at a discount to the other party.
 
 
 
(7)借婚姻关系索取的财物,离婚时,如结婚时间不长,或者因索要财物造成对方生活困难的。可酌情返还。对取得财物的性质是索要还是赠与难以认定的,可按赠与处理。
 
(7) The property demanded by the marriage relationship, such as the marriage time is not long, or the life of the other party is difficult because of the property demanded. It can be returned as appropriate. If the nature of the property acquired is demanded or the gift is difficult to determine, it may be treated as a gift.
 
 
 
(8)对不宜分割使用的夫妻共有的房屋,应根据双方住房情况和照顾抚养子女或无过错方等原则分给一方所有。分得房屋的一方对另一方应给予相当于该房屋一半价值的补偿。在双方条件相同的情况下应照顾女方。
 
(8) The houses jointly owned by husband and wife, which are not suitable for segregation, shall be allocated to one party in accordance with the housing conditions of both parties and the principles of caring for and raising children or the party without fault. The party who shares the house shall compensate the other party for half the value of the house. Women should be taken care of under the same conditions on both sides.
 
 
 
(9)离婚时一方所有的知识产权尚未取得经济利益的,在分割夫妻共同财产时,应根据具体情况对另一方予以适当的照顾。
 
(9) If at the time of divorce the intellectual property rights owned by one party have not yet obtained economic benefits, the other party shall be given appropriate care in the division of the joint property of the husband and wife according to the specific circumstances.
 
 
 
(10)婚前个人财产在婚后共同生活中自然毁损、消耗、灭失,离婚时一方要求以夫妻共同财产抵偿的,不予支持。
 
(10) Personal property before marriage is naturally destroyed, consumed and lost in the common life after marriage. If one party requests compensation from the joint property of husband and wife at the time of divorce, it shall not be supported.

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