Is the property donated by one of the spouses after marriage considered joint property?

Updated on society 2024-02-22
7 answers
  1. Anonymous users2024-02-06

    The property donated by one of the spouses after marriage is joint property. Community property generally includes the following categories:

    1. Property acquired by both spouses or one of them through labor during the existence of the marital relationship. Such as wages, contract income and income from engaging in diversified operations.

    2. Property acquired by both husband and wife or one of them through inheritance, bequest, gift and other legal means (such as dividends, interest, bonuses, patent income, manuscript fees, etc.) during the existence of the marital relationship.

    3. Houses and other property owned by individuals before marriage shall be converted into joint property of husband and wife if they have been married for many years (generally more than 10 years in trial practice) and are jointly used, operated, managed, or repaired by both parties for a long time.

    4. During the existence of the marital relationship, the demobilization and transfer expenses received by demobilized and demobilized servicemen may be regarded as joint property if the husband and wife live together for a long time at the time of divorce.

    5. Where pre-marital and post-marital property cannot be ascertained, it shall be presumed to be the joint property of the husband and wife. If there is a dispute between the husband and wife over the ownership of a certain property, and the party claiming the right does not submit conclusive evidence, it is generally handled as joint property.

    6. When the marriage is registered, the cash given to both parties by one or both parents, or the furniture purchased for both parties, as well as the wedding gifts given by relatives and friends to both parties, shall be regarded as the joint property of the husband and wife.

    7. Valuable jewelry, books and materials of great value, as well as motorcycles, tractors, automobiles and other means of life and production purchased after marriage, although they are for personal use, are also regarded as the joint property of the husband and wife.

    8. The income of individual industrial and commercial households, contractors and professional households of agricultural responsibility fields during the existence of the husband and wife relationship, and the investment in breeding and planting that has no income in the current year, shall be regarded as the joint property of the husband and wife.

  2. Anonymous users2024-02-05

    Jointly owned, of course! After you get married, you buy something that you have in common

  3. Anonymous users2024-02-04

    Personally, I don't think the car is joint property.

    Paragraph 4 of Article 17 of the Marriage Law stipulates that the following property acquired by inheritance or gift and acquired during the existence of the marital relationship shall be jointly owned by the husband and wife, except as provided for in Paragraph 3 of Article 18 of this Law.

    Article 18, paragraph 3 of the Marriage Law stipulates that the property of one of the husband or wife shall be the property of one of the spouses as determined in the will or gift contract.

  4. Anonymous users2024-02-03

    Seems to belong. It can be understood as a bonus for your wife.

  5. Anonymous users2024-02-02

    It is not part of the joint property.

    Article 18 of China's Marriage Law stipulates the scope of property that should be applied to one of the husband and wife. That is, in any of the following circumstances, it is the property of one of the husband and wife: (1) the premarital property of one party; (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; (4) Daily necessities for one party; (5) Other property that shall belong to one party.

    The car you mentioned is an agreement between the company and your wife, and it can also be regarded as a contract, which reads: I give you the car, and you stay and continue to work.

    So the car should be your wife's personal property.

  6. Anonymous users2024-02-01

    Legal analysis: The property obtained by donation after marriage generally belongs to the joint property of the husband and wife, but if the donor clearly states that the property is only donated to one of the husband and wife, the donated property is recognized as the personal property of one party, not the joint property of the husband and wife.

    Legal basis: Article 1063 of the Civil Code of the People's Republic of China stipulates that the following property shall be 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 to belong to only one party in a will or in a gift contract for those who have made a big remorse; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.

  7. Anonymous users2024-01-31

    Legal Analysis: The property donated after the marriage is not the joint property of the husband and wife. If the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it shall be regarded as a gift to only one of the children, and the immovable property shall be deemed to be the personal property of one of the spouses.

    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) the compensation or compensation received by one party for personal injury, (3) the property that is determined to belong to only one party in the will or gift contract, (4) the daily necessities for the exclusive use of one party, and (5) other property that should belong to one party.

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