The new Marriage Law has new rules on the matrimonial property system

The newly revised Marriage Law provides:

If pre-marital property is to be treated as "joint property", the parties must agree on it. The relevant judicial interpretations also stipulate that pre-marital personal property shall not be converted into joint property because of the existence of the marriage. In fact, this abolishes the provision that "the marriage shall last for eight years, and the personal property (real estate) before the marriage shall be regarded as joint property" that had been provided in the previous judicial interpretations.

However, through this case, it is not difficult to find that the concept of "common property" in the past is still very deeply rooted in the hearts of the people, and many people still stay in the past understanding of this, believing that premarital property must be notarized, and the property belongs to the individual. Therefore, as long as the evidence of pre-marital property is preserved, in the event of a dispute, even if it has not been notarized, the property will not be recognized as joint property.

If the house is purchased jointly before marriage, the property should still be notarized, so that the property can be determined to be jointly owned by the husband and wife.

In addition, it should be noted that Chinese law stipulates that marriage shall be effective from the date of registration. If the parties have registered their marriage, even if there is no ceremony, if one party contributes to the house, it must be notarized to prove that it is the property of the investor. If the parents contribute to the purchase of a house for their children, and the children are married, and the parents hope that the purchase of the house belongs to their children, and the spouse of the children does not have the right, then they should go to the notary office to handle the notarization of the gift before buying the house, and donate the funds required for the purchase of the house to their children, and then the children use the funds to buy the house belong to the children.

However, the child must provide evidence to prove that all the funds for the purchase of the house were donated by the parents and not contributed by the spouse). Or the parents take themselves as the property owner when they buy the house, and then designate the gift to the children by way of gift or will, or the property belongs to the children after the children inherit it. **。

Which country's new marriage law, China has not issued a new marriage law in the past 30 years, and the judicial interpretation is also based on the principle of the 80-year-old marriage law.

1. 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) Salary and bonus;

2) income from production and operation;

3) income from intellectual property rights;

4) property acquired by inheritance or gift;

5) Other property that shall be jointly owned by the husband and wife;

2. In any of the following circumstances, it shall be the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

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 should belong to one party.

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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 1088.

If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

In the new Marriage Law, the personal property of husband and wife is stipulated as follows: 1. The premarital property of one party; 2. Compensation for bodily injury obtained by one party; 3. Property that is clearly donated to one party or inherited by one party; 4. Daily necessities of one party. According to Article 1063 of the Civil Code, the following property is the personal property of one of the spouses:

1) the pre-marital property of one of the parties; (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.

Article 1063 of the Civil Code of the People's Republic of China provides that the following property is the personal property of one of the spouses: (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.

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 marriage relationship shall be jointly owned by the husband and wife: 1

salaries, bonuses; 2.income from production and operation; 3.proceeds from intellectual property rights; 4.

property acquired by inheritance or gift; 5.Other property that should be jointly owned. In accordance with the spirit of the Interpretation (II) of the Marriage Law, the value-added part of the division of real estate under the new Marriage Law is based on the income obtained by one party from the investment of personal property after marriage, and this kind of income is also regarded as the joint property of the husband and wife under the law.

Both spouses have equal rights to dispose of jointly owned property.

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) income from 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 shall be jointly owned.

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

[Legal Analysis].In court proceedings, a clear distinction shall be made between personal property, joint property of husband and wife, and joint family property, adhere to the principles of equality between men and women, protect the lawful rights and interests of women and children, take care of the innocent party, respect the wishes of the parties, and facilitate production and life, and resolve the matter in a reasonable and reasonable manner. The following property acquired by the husband and wife during the marriage shall be jointly owned by the husband and wife:

salaries, bonuses; income from production and operation; proceeds from intellectual property rights; Inherited or donated property, and other property.

Legal basisArticle 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; 4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; 5) Other property that shall be jointly owned.

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

The above is only the current information combined with my understanding of the law, please refer to it carefully!

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

The provisions for matrimonial property are as follows:The scope of the joint property of the husband and wife is:

1) Salary and bonus;

2) income from production and operation;

3) income from intellectual property rights;

4. Property inherited or acquired by inheritance, except as provided for in Paragraph 3 of Article 18 of this Law.

5. Other property that shall be jointly owned. The husband has equal rights to dispose of jointly owned property.

According to Article 17 of the Marriage and Tobacco Law, the husband shall jointly own the following wealth obtained during the period of the gambling relationship.

1. Labor voucher and bonus.

2. Production. Operating income.

3) income from intellectual property rights;

4. The property that is not inherited or obtained, but the property that is determined to belong to only one party in the decree or gift contract.

5. Other property that should be jointly owned by the husband and wife shall have equal rights to dispose of the jointly owned property.

According to Article 62 of the Civil Code, the following property of the husband shall be jointly owned by the husband and the husband during the period of the marriage relationship.

1. Salary, bonus, labor service report.

2. Production, operation and investment.

3. Acquisition of intellectual property rights.

4. The prevention of health or affection, except for the three rules of this Law.

5. Other activities that should be jointly owned.

The husband has the right to deal with the common time.

Legal analysis: if one of the husband and wife signs an immovable property before marriage, pays the down payment with personal property and takes out a loan in the bank, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party who paid the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce.

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 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 as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

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

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

(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.

1. Marital Property Agreement: Husband and wife may agree that the property acquired during the existence of the marital relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing.

2. Where there is no agreement or the agreement is not clear, the provisions of Articles 1062 and 1063 of this Law shall apply.

3. The agreement between the husband and wife on the property acquired during the marriage relationship and the property before the marriage shall be binding on both parties.

4. The husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and if the husband or wife is aware of the debts owed to the outside world by the husband or wife, the personal property of the husband or wife shall be repaid.

Article 1065 of the Civil Code stipulates that a man and a woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately owned and partly jointly owned. The agreement shall be in writing. (The Civil Code will come into force on January 1, 2021).