What is community property What does community property consist of

The joint property of husband and wife refers to the property acquired by one or both parties during the existence of the marital relationship and provided for in the Civil Code of the People's Republic of China, which is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property.

Article 1062 of the Civil Code stipulates that the following property acquired by a husband and wife during the existence of the 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;

4) Inherited or donated property, except for property that is determined in a will or gift contract to belong to only one party;

5) Other property that shall be jointly owned.

"Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife. Husbands and wives have equal rights to dispose of jointly owned property.

The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse.

Article 17 of the Marriage Law stipulates the scope of property acquired by husband and wife during the existence of the marital relationship and 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;

6) Housing subsidies and housing provident funds actually obtained or should be obtained by both parties;

7) The pension insurance and bankruptcy settlement compensation actually obtained or should be obtained by both parties;

8) The part of the marital relationship that should be shared by the husband and wife during the existence of the marital relationship, such as demobilization allowance and self-employment allowance paid to the name of the soldier.

China's newly revised Marriage Law stipulates that "the following property acquired by husband and wife during marriage shall be jointly owned by husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

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. Husbands and wives have equal rights to dispose of jointly owned property. At the same time, in 1993, the Supreme People's Court made a specific interpretation on the scope of joint property of husband and wife, that is, the property acquired by husband and wife during the period from the date of marriage registration to the date of termination of the marriage relationship is the joint property of the husband and wife.

These include: income from the labor of one or both parties and property acquired;

property inherited or donated by one or both parties;

the economic benefits derived by one or both parties from the intellectual property rights;

Income from production and business activities such as contracting and leasing by one or both parties;

claims obtained by one or both parties;

Other lawful gains of one or both parties. The interpretation of the Supreme People's Court also stipulates that 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; Where a marriage has been registered but not yet living together, a gift received by one or both parties shall be recognized as the joint property of the husband and wife; The property owned by one party before marriage, the house and other means of production of greater value jointly used, operated and managed by both parties after marriage for 8 years, and the valuable means of subsistence (such as household appliances, gold and silver jewelry, etc.) for 4 years, can be regarded as the joint property of the husband and wife. During the existence of the marital relationship, the demobilization and transfer expenses received by demobilized and demobilized servicemen who have been married for more than 10 years shall be divided according to the joint property of the husband and wife, and the medical subsidies and subsidies for returning to their hometowns brought back by the demobilized servicemen from the army shall belong to them.

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.

If the spouses do not have a property agreement, the following property is generally considered joint property of the husband and wife: salary, bonuses; production and operating income; Income from intellectual property rights such as copyrights, patent rights, trademark rights, etc.; Inheritance.

The basic finances obtained during the existence of the marital relationship belong to the joint property of the husband and wife, such as the RV, and the other is the provident fund and social security paid during the marriage, and the savings in the personal account, both of which belong to the joint property of the husband and wife.

The scope of joint property of the husband and wife is as follows:

According to Article 17 of the Marriage Law, 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; 2) the income from production and operation; 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. Husbands and wives have equal rights to dispose of jointly owned property.

The basic finances obtained during the existence of the marital relationship belong to the joint property of the husband and wife, such as the RV, and the other is the provident fund and social security paid during the marriage, and the savings in the personal account, both of which belong to the joint property of the husband and wife.

The scope of joint property of the husband and wife is as follows:

According to Article 17 of the Marriage Law, 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; 2) the income from production and operation; 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. Husbands and wives have equal rights to dispose of jointly owned property.

The basic finances obtained during the existence of the marital relationship belong to the joint property of the husband and wife, such as the RV, and the other is the provident fund and social security paid during the marriage, and the savings in the personal account, both of which belong to the joint property of the husband and wife.

Article 17 of the Marriage Law clearly stipulates that the following property acquired by the husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses; 2) the income from production and operation; 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.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 19 stipulates that husband and wife may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and 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.

The basic finances obtained during the existence of the marital relationship belong to the joint property of the husband and wife, such as the RV, and the other is the provident fund and social security paid during the marriage, and the savings in the personal account, both of which belong to the joint property of the husband and wife.

After getting married, the money in the salary card is shared by both parties, and if there is no money, it is my salary, and that money is your salary.

All property acquired after marriage is jointly acquired property.

The basic finances obtained during the existence of the marital relationship belong to the joint property of the husband and wife, such as the RV, and the other is the provident fund and social security paid during the marriage, and the savings in the personal account, both of which belong to the joint property of the husband and wife.

The determination of the joint property of the husband and wife is an important issue that often causes controversy when the husband and wife divorce or when the external debt is repaid.

In response to this problem, Article 17 of China's Marriage Law stipulates that the following property acquired by husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife:

salaries, bonuses;

income from production and operation;

proceeds from intellectual property rights;

property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

Other property that should be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.

At the same time, article 18 of the law also clearly stipulates the scope of property that does not belong to the joint property of the husband and wife:

a party's pre-marital property;

Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury;

Property that is determined in a will or gift contract to belong to only one of the husband or wife;

daily necessities for one party;

Other property that should belong to one party.