Is a car a joint property after divorce?

Generally speaking, if a vehicle is purchased during the marriage, it is generally the joint property of the husband and wife, but if the man and woman jointly agree that the car during the marriage relationship belongs to one party, it is also okay, that is, if your wife signs and agrees, the vehicle belongs to you.

According to the Marriage Law of the People's Republic of China

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

Hello! If there is no divorce, it means that the marriage relationship continues, and if you buy a car at this time, it is still the joint property of the husband and wife. If you are satisfied with my answer, the answer will be praised, and if you have any legal questions, you can also come to my law studio to consult me, your affirmation is the greatest encouragement to me!

If you are not divorced, it is joint property.

Whether the car bought during the divorce is considered joint property depends on the circumstances and is as follows:

1. The marital relationship between the two parties has not been dissolved during the divorce period, and the car purchased during the period is still recognized as the joint property of the husband and wife;

2. However, if there is a special agreement between the two parties on the ownership of the property obtained during the existence of the marital relationship, it shall be handled in accordance with the agreement of both parties;

3. Or if one party purchases the vehicle in full with personal property, the car will be recognized as the personal property of one party.

The property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife.

1. Wages, bonuses, and labor remuneration;

2. Income from production, operation and investment;

3. Income from intellectual property rights;

4. Inherited or donated property;

5. Other property that shall be jointly owned.

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

Legal basisArticle 1087 of the Civil Code of the People's Republic of China.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. The rights and interests enjoyed by the husband or wife of the husband or wife in the family land contract and operation shall be protected in accordance with law.

After the divorce, the following property is joint property: 1. Salaries, bonuses, business or investment income, inheritance or gift property obtained by the husband and wife during the existence of the marital relationship; 2. Other property that both parties agree to belong to jointly owned.

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) the proceeds of 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.

Article 1063 of the Civil Code of the People's Republic of China 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 that shall belong to one party.

Civil Code of the People's Republic of China

Article 1062.

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) the proceeds of intellectual property rights;

4) Inherited or donated property, but this Law.

The Civil Code of the People's Republic of China

Article 1063.

Except as provided in paragraph 3;

(5) Other property that shall be jointly owned.

During the period of filing for divorce, if the principle of buying a car with joint property is applied, it is considered joint property, because the court has not decided on divorce at this time, so it still belongs to the period of the existence of the husband and wife relationship, and the purchased vehicle also belongs to the joint property of both parties according to the imitation rental training law. Only vehicles purchased after the divorce has been granted by a court decree are personal property.

1. How long does it take to get married to buy a house as joint property.

How long to get married to buy a house has nothing to do with whether it is considered joint property, but with the nature of the purchase money used by the parties and the agreement of the parties. That is, if the real estate is purchased with the income from intellectual property rights, investment income, housing provident fund, wages, bonuses, labor remuneration, etc., obtained during the existence of the marital relationship, it shall be recognized as the joint property of the husband and wife, and if it is purchased with personal property, it shall be recognized as its personal property unless otherwise agreed.

2. What should be paid attention to when writing the name of one party in the real estate during the marriage?

What should I do if the name of one party is written in the real estate during the marriage: (1) If the property purchased during the existence of the marital relationship only indicates the name of one of the husband and wife on the property right certificate, if there is a written agreement between the two parties, it shall be handled according to the agreement in principle. If there is no special agreement, according to the relevant provisions of China's Civil Code, no matter who contributes to the purchase of real estate, it is the joint property of the husband and wife, and it is not because whose name is written on the property right certificate is whose property, and the owner of the property right is the husband and wife.

2) If the property purchased during the relationship between husband and wife only indicates the name of the child on the title certificate, the ownership of the real estate can only be determined by the owner of the property as stated on the title certificate. In other words, the owner of the title deed is his or her child. In the event of a divorce, the spouses cannot divide the property as joint property.

3) If only the names of one of the spouses and their children are written on the title deed, then one of the spouses and their children become co-owners of the property. If there is no special agreement, the part of the property owned by one of the spouses shall belong to the joint property of the husband and wife, which may be divided in accordance with the relevant procedures in the event of divorce. However, the part of the property belonging to the children shall not be regarded as the joint property of the husband and wife, but shall be the personal property of the children.

3. Does the house of the second marriage belong to the joint property of the husband and wife?

The house after the second marriage of the parties is generally the joint property of the husband and wife. However, only the property purchased jointly by the parties, as well as the property that the parties agree to be jointly owned, is the joint property of the husband and wife. In addition, the aforesaid agreement shall be in written form, otherwise the agreement shall be invalid.

If it is purchased by one party with its own personal property, it is personal property.

Article 1062 of the Civil Code.

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) the proceeds of 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.

Lawyer answers: Yes.

Article 1062 of the Civil Molu Code of the People's Republic of China stipulates that 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; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of the Civil Code of the People's Republic of China; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Legal analysis: The divorce period is still the period of marriage, so the purchase of a car during the divorce is joint property.

Basis of the law: Article 1087 of the Civil Code of the People's Republic of China: In the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement fails, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party according to the specific circumstances of the property.