Is the deposit considered as the joint property of the husband and wife, and is the deposit counted

The deposit is the joint property of the husband and wife.

Article 17 of the Marriage Law stipulates the scope of property acquired by husband and wife during the existence of the marital relationship and which shall be jointly owned by the husband and wife, that is, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses refer to the salaries, bonus incomes and various welfare policy income and subsidies of one or both parties during the existence of the husband and wife relationship;

2) Income from production and business operation refers to the income from production and business operation of one or both husband and wife during the existence of the husband and wife relationship;

3) The income of intellectual property rights refers to the income of intellectual property rights owned by one or both spouses during the existence of the marital relationship;

4) Property obtained by inheritance or gift refers to the property obtained by one or both parties as a result of inheritance and acceptance of gifts during the existence of the marital relationship. In the case of inheritance income, it refers to the acquisition of property rights, not the actual possession of property. Even if the marriage is not actually in possession before the termination of the marital relationship, as long as the inheritance occurs during the existence of the marital relationship, the inherited property is also the joint property of the husband and wife, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that should be jointly owned.

It cannot be simply said whether the deposit is the joint property of the husband and wife, but it depends on the ** and time of the deposit. According to Article 17 of the Marriage Law of the People's Republic of China, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and awards, (2) income from production and business; 3) income from intellectual property rights; (4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned.

The savings before the marriage belong to the personal property before the marriage. If it is a deposit after marriage, it belongs to the joint property of the husband and wife. According to the laws of our country, the following property is personal property before marriage:

1. The property owned by the husband and wife before marriage, including the income from personal labor before marriage, inherited or donated property, and other legal income. It also includes property acquired by each of them for the purpose of the marriage before the marriage;

2. Medical expenses and subsidies for returning to their hometowns brought back from the army by demobilized and demobilized servicemen, as well as demobilization expenses and transfer expenses for servicemen who have lived together for a short time after marriage;

3. At the time of divorce, the husband and wife should use their own clothes, daily necessities and professional items. Except, of course, valuables;

4. The property obtained after marriage that is inseparable from the personal identity at the time of divorce, and the intellectual property rights that have not obtained economic benefits;

5. The agreement between husband and wife on property is binding on both parties. It includes legal written agreements and oral agreements that are recognized by both parties as personal property.

1. How to divide premarital property after divorce?

Pre-marital property, divorced after marriage, property is personal property and cannot be divided.

1) If the husband and wife agree in writing or orally on who owns the property, and there is no dispute between the parties, the divorce shall be handled in accordance with the agreement. However, the agreement to circumvent the law is invalid.

2) The property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife, and the principle of disposing of the joint property shall be followed when dividing it.

3) During the existence of the marital relationship, the demobilization and demobilization expenses received by demobilized and demobilized servicemen shall be divided according to the joint property of the husband and wife if they have been married for more than 10 years.

The medical allowance and the production allowance brought back by the demobilized servicemen from the army shall belong to them.

4) The property acquired after marriage that is managed and used separately by the husband and wife in two separate places shall be recognized as the joint property of the husband and wife. When dividing property, the property managed and used separately by each party shall be owned by each of them.

2. How premarital property is defined.

The following property is pre-marital property: property owned by the husband and wife before marriage, including the income of the individual before the marriage, inherited or gifted property and other legal income. It also includes property purchased before the marriage; Medical expenses and subsidies for returning to their hometowns for demobilized and demobilized servicemen brought back from the army, as well as demobilization and transfer expenses for servicemen who have lived together for a short period of time after marriage; In the event of divorce, the husband and wife use their own clothing, household items and professional items.

Valuables are excluded; property acquired after marriage that is inseparable from personal status at the time of divorce, as well as intellectual property rights that have not been financially profitable; The agreement between the husband and wife on property is binding on both parties. This includes a legal written agreement and a verbal agreement acknowledged by both parties as personal property.

1. Personal savings do not belong to the joint property of the husband and wife, as long as the property is deposited by the parties before marriage.

2. The deposit before marriage shall be recognized as the personal property of the parties, and their personal property shall not be converted into the joint property of the husband and wife due to the continuation of the marriage blind relationship between the husband and wife.

3. If the deposit is deposited after marriage, and the husband and wife have not agreed to own their property after marriage, then the property can be recognized as the joint property of the husband and wife.

Personal savings are not part of the marital property, as long as the property was deposited before the marriage. The deposit before the marriage shall be deemed to be the personal property of the parties, and their personal property shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship, and the money shall not be divided according to law in the event of divorce, and shall still belong to the depositor. However, if the deposit was deposited after the marriage, and the husband and wife did not agree on the separate ownership of the property after the marriage, then the property can be recognized as the joint property of the husband and wife.

Article 1062 of the Civil Code of the People's Republic of China 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 is 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 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Legal analysis: personal savings after marriage are the property jointly owned by the husband and wife during the existence of the husband and wife relationship, and belong to the joint property at the time of divorce, and the division should be distributed according to the standard of common property, but it does not have a legal relationship after the divorce, and the personal deposit is quarreled after the divorce and does not belong to the joint property. It is necessary to determine on a case-by-case basis that personal savings before marriage do not belong to the joint property of the husband and wife, but belong to personal property.

1. If the divorce lawsuit proves that there is real estate, the real estate certificate or purchase contract, payment invoice or proof of capital contribution shall be submitted 2. If the divorce lawsuit proves that there is a bank deposit and applies for court investigation, the name of the opening bank and the bank account number shall be submitted and the court investigation shall be submitted, and the name of the opening brokerage and the shareholder shall be submitted, and the capital account number shall be submitted if there is a vehicle, and the driving license and license plate number shall be submitted 3. If the divorce lawsuit proves that the party has creditor's rights and debts, in addition to submitting an IOU, there must be relevant evidence to support it.5 If the divorce lawsuit proves that there is an agreement on the property of the husband and wife, the agreement and other relevant evidence must be submitted.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by a husband and wife during the existence of a 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, 3) income from intellectual property rights, and 4) inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law, and 5) other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.