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Anonymous users2024-02-06During the existence of the marital relationship, the part of the intellectual property benefits that have been clearly obtained but actually obtained after the divorce shall also be jointly owned by the husband and wife. According to this criterion, in practice, whether the time when the property proceeds of intellectual property rights have been specified are within the existence of the marital relationship can be used as the criterion for judging the attribution of such part of the proceeds. Article 12 of the Judicial Interpretation (II) of the Marriage Law stipulates that during the existence of the marital relationship, the wealth and abortion proceeds of intellectual property rights that have actually been obtained or have been clearly obtained shall be jointly owned by the husband and wife.
Specifically, if the time of the intellectual property income is clear before the marriage, even if the income is actually obtained after the marriage, the income is still the personal pre-marital property. 2. If the property income of intellectual property rights is clearly within the period of the existence of the marital relationship, the income shall be jointly owned by the husband and wife, regardless of whether the actual income is obtained during the existence of the marital relationship or after the divorce.
3. If the time of the property income of intellectual property rights is clear after the divorce, the income is personal property.
Civil Code of the People's Republic of China
Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife
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;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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Anonymous users2024-02-05Legal Analysis: Pre-marital intellectual property proceeds are personal pre-marital property.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; 2) Income from production, operation and investment; (Douqiao III) the income of intellectual property rights; 4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; 5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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Anonymous users2024-02-041. Is the pre-marital intellectual property proceeds considered pre-marital property?
1. The income from intellectual property rights before marriage belongs to pre-marital property. In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife.
2. Legal basis: Article 1062 of the Civil Code of the People's Republic of China.
The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
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;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
2. What is pre-marital property.
The following are pre-marital assets:
1. Premarital deposits belong to premarital property, there is no dispute, and it is not difficult to prove.
2. In the case of pre-marital real estate, if the property right registration has been completed before the marriage and is in one's own name, then there is no disputed property ownership of the property obtained after the marriage and the property of the husband and wife is different from the property relationship between ordinary subjects; 3. If the pre-marital income invested in the post-marital income is determined to be pre-marital property, it contradicts the "acquired after the marriage"; If it is characterized as post-marital property, it is unfair to be opposed to the pre-marital investment of one party.
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Anonymous users2024-02-03Legal Analysis: Pre-marital intellectual property proceeds belong to pre-marital property.
Legal basis: Article 1000 of the Civil Code of the People's Republic of China Article 63 The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property of the party that should be in distress.
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Anonymous users2024-02-02The pre-marital intellectual property proceeds are vested in the pre-marital property. In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife.
What is pre-marital property.
The following are pre-marital assets:
1. Premarital deposits belong to premarital property, there is no dispute, and it is not difficult to prove.
2. In the case of pre-marital real estate, if the property right registration has been completed before the marriage and is in your own name, then there is no disputed property ownership of the property obtained after the marriage and the property of the husband and wife is different from the property relationship between general subjects; 3. If the pre-marital income invested in the post-marital income is determined to be pre-marital property, it contradicts the "acquired after the marriage"; If it is characterized as post-marital property, it is unfair to be the opposite of the pre-marital investment of one party.
[Legal basis].Article 1062 of the Civil Code of the People's Republic of China.
The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
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;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of joint property.
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