Is personal salary after marriage part of the marital property?

When many people consult me, they will ask, do all my salary after marriage belong to the joint property of the husband and wife? Today I will talk to you about this problem. Article 17 of the Marriage Law of the People's Republic of China clearly stipulates that 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) Income from production and operation; (3) the proceeds of 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 the above property. In China, the wages of workers are generally composed of six parts: basic wages, post wages, skill wages, benefit wages, floating wages, and annual merit wages.

These wages are included in the scope of Article 17 of the Marriage Law. Therefore, if the parties do not have a written property agreement stipulating that their respective property shall be owned by each other during the existence of the marital relationship, then even if their salary is kept by themselves, it is still the joint property of the husband and wife, and it needs to be divided equally in the event of divorce. Legal basis:

Article 17 of the Marriage Law of the People's Republic of China [Joint Property of Husband and Wife] The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of 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.

According to the relevant provisions of the Marriage Law, in the absence of a special agreement, the joint income after marriage is generally regarded as the joint property of the husband and wife.

Debts arising from the need to live together are generally regarded as joint debts of the husband and wife, and although they are not common living expenses, but they are not clearly stated to the creditor as personal debts of one party and have not been approved by the creditors, even if there is an agreement between the husband and wife that they belong to the debts of one of the parties. However, it cannot be used against the legitimate claims of third parties.

For the property acquired after marriage, if the two parties have not agreed, it is the joint property of the husband and wife, sharing interests and debts, neither party can only enjoy the benefits without sharing the debts, and buying a house after marriage, if there is no special agreement, is the property rights shared by both parties, and the debts are also joint debts of the husband and wife, and the husband and wife bear joint and several liability for repayment to the bank, this legal responsibility is statutory, and does not change because one party does not sign.

Legal analysis: If you and the other party have not agreed that the marital property belongs to you, then the wages and bonuses obtained after marriage; income from production and operation; proceeds from intellectual property rights; Property acquired by inheritance or gift is the joint property of the husband and wife. For example, if the decedent or the donor expressly indicates that the property is donated to one party, the donated property belongs to the personal property of one of the spouses.

In addition, according to the provisions of the judicial interpretation: the income obtained by one party from speculation with personal property; Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women; The pension fund and bankruptcy settlement compensation that both men and women actually obtain or should obtain are also the joint property of the husband and wife.

Legal basis: 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 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 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired 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 not clear, the provisions of articles 1062 and 1063 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 legally 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 counterpart, the personal property of the husband or wife shall be repaid.

Article 1062 of the Civil Code 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 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.

Legal Analysis: The salary after marriage belongs to the joint property of the husband and wife. Community property includes the following property acquired by the husband and wife during the marriage:

1. Salary and bonus;

2. Income from production and operation;

3. Income from intellectual property rights;

4. Property obtained by inheritance or gift, except for property determined in the will or gift contract to belong to only one of the husband or wife;

5. Other property that shall be jointly owned.

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 is the joint property of the husband and wife and is jointly owned by the husband and wife

1) Salaries, bonuses, and remuneration for labor services;

(2) Income from production, operation and investment;

(3) the proceeds of intellectual property rights;

4) Property inherited or donated by successive demolition, 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.

After marriage, as long as there is no special agreement, the wages of the husband and wife shall be deemed to be the joint property of the husband and wife.

However, if there is a special agreement between the parties on the property acquired during the existence of the marital relationship, the agreement between the parties shall be followed to determine whether the wages obtained after the marriage belong to the joint property of the husband and wife.

For example, if the parties agree that the property acquired after marriage belongs to each other, the salary obtained after marriage shall belong to one party and shall not be recognized as the joint property of the husband and wife.

Legal basis] Article 1062 of the Civil Code, the following property acquired by 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) the proceeds 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 should be jointly owned.

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

Legal Analysis: Wages after marriage are considered joint property.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China stipulates that the following property acquired by husband and wife during the existence of marriage relationship shall be the joint property of husband and wife and shall be jointly owned by 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.

The marital salary, of course, is part of the joint property, which is clearly stipulated by law. However, there is an exception: if the parties have agreed on separate ownership of marital property before or at the time of the conclusion of the marriage, then the marital wages can be included as part of the personal property.

The system of separate ownership of property is different from the general system of joint ownership of marital property, which refers to the agreement reached by the husband and wife on the issue of marital property, stipulating that the property acquired by one party during the marriage belongs to one party personally. In this case, of course, the universal provisions of the Marriage Law and the Civil Code cannot be applied, and the specific ownership nature of the marital wages should be judged according to the specific content of the agreement entered into by the husband and wife. However, for ordinary people, there is no awareness of signing a separate ownership system of property.

Therefore, generally speaking, the wages after marriage should be included in the joint property of the husband and wife in accordance with the provisions of the law, and shall be jointly owned and disposed of by both parties.

Marriage Law of the People's Republic of China

Article 17: Joint property of husband and wife.

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 profits from production and operation; (3) the proceeds of 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 18 Property of one of the spouses.

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 persons with disabilities, and other expenses received by one side as a result of 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 the exclusive use of one side; (5) Other property that shall belong to one party.