Article 17 of the Marriage Law stipulates the scope of the property acquired by husband and wife during the marriage relationship, that is, the following property acquired by husband and wife during the marriage relationship belongs to the husband and wife: (1) Wages and bonuses refer to the wages and bonus income of one or both parties during the marriage relationship, as well as various welfare policies and subsidies; (2) The term "income from production and operation" refers to the income from production and operation of one or both spouses during the existence of the relationship between husband and wife; (3) Income from intellectual property rights refers to the income from intellectual property rights owned by one or both spouses during the existence of the relationship between husband and wife; (4) The property acquired by inheritance or gift refers to the property acquired by one or both parties due to inheritance and gift during the existence of the husband-wife relationship. Inheritance income refers to the acquisition of property rights, not the actual possession of property. Even if the marriage is not actually possessed before the termination, as long as the inheritance occurs during the existence of the husband-wife relationship, the inherited property is also the joint property of the husband and wife, except as stipulated in the third paragraph of Article 18 of this Law; (five) other property that should be owned by * * *.

Article 18 defines the property scope of one spouse. That is, in any of the following circumstances, it is the property of one of the spouses: (1) the premarital property of one of the spouses; (two) medical expenses, living allowance for the disabled and other expenses obtained by one party due to physical injury; (3) Property designated exclusively for the husband or wife in the will or gift contract; (4) Daily necessities of one party; (five) other property that should be owned by one party.

Division principle:

1, the segmentation procedure is as follows

First of all, it is necessary to clarify the scope of marital property. To determine the scope of husband and wife's property, it should be provided by the parties, and the court will not take the initiative to investigate and determine. The division of marital property is limited to the joint property of husband and wife. Therefore, before the division of property, if a "small family" and a "big family" live together and have not yet separated, we must first divide the property, and strictly distinguish the * * * same property between husband and wife, personal property and * * * same property between husband and wife. Secondly, the husband and wife divide the same property. When husband and wife divide the same property, they should mediate first, and if mediation fails, they will make a judgment, that is, the two sides will negotiate first and come up with a division plan, and then the court will review and confirm it; If the divorce parties fail to negotiate, the court should first propose a division plan, so that the two parties can reach an agreement on the division of property on the basis of mutual understanding and accommodation. If a mediation agreement cannot be reached, a judgment shall be made according to law.

2, grasp the principle of subdivision

Article 39 of the Marriage Law stipulates the basic principle of property division in the Marriage Law, that is, "the common property of husband and wife at the time of divorce 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. Protect the rights and interests of one spouse in the contracted management of family land according to law. " The provisions of this article are not comprehensive. When dividing property, whether it is negotiation between the parties or judgment of the people's court, besides this article, other principles must be grasped. Specifically, we need to grasp the following principles:

(1) The principle of respecting the wishes of the parties. When husband and wife divide property, they should respect the wishes of both husband and wife, but the premise is that the wishes of both sides must be true and legal. When one party is willing to give up all or part of the property rights, it should be allowed as long as it does not harm the legitimate rights and interests of the state, the collective, society and others.

(2) The principle of equality between men and women. The laws of China stipulate equality between men and women. Then, in the division of husband and wife's property, we should follow the principle of equality and divide it equally. Of course, husband and wife should also be equal in their obligation to repay debts.

(3) The principle of taking care of the innocent party. Divorce cases caused by one party's bigamy, adultery, abuse or violence. Husband and wife should take proper care of the innocent party when dividing their property. Of course, we must also ensure the basic life of the wrong party.

(4) The principle of taking care of the interests of women and children. This is from the perspective of protecting the rights and interests of women and children. Although the husband and wife should be divided equally, it does not mean that the husband and wife are absolutely equal, nor does it simply divide the husband and wife's property into two. Generally speaking, women's economic ability and living ability are weaker than men's. Therefore, it is very necessary to give proper care to women. Taking care of children's interests is also to ensure the healthy growth of minors.

(5) The principle of facilitating production and life. When dividing marital property, we should pay attention to the needs of facilitating production and life, and should not damage the utility and value of the property. It is necessary to ensure that the segmentation can give full play to its effectiveness and not reduce its value. If it cannot be divided, it shall be compensated to the other party at a fixed price.

(six) the principle of not harming the interests of the state, the collective and others. When dividing the property of husband and wife, the property belonging to the state, the collective or others shall not be divided, and the family property or the property of other family members shall not be divided. If there is illegal income, it shall be confiscated according to law and shall not be divided.