What are the provisions of the new Marriage Law on joint property between husband and wife?

Updated on society 2024-03-25
7 answers
  1. Anonymous users2024-02-07

    "Joint property of the wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife.

    Article 17 of the Marriage Law stipulates the scope of property acquired by husband and wife during the existence of the marital relationship and which 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 endowment insurance money 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.

    Article 18 stipulates the scope of property that should be the property of one of the spouses. 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.

  2. Anonymous users2024-02-06

    Legal analysis: The scope of joint property of husband and wife is as follows: According to Article 1062 of the Civil Code, the following property acquired by husband and wife during the existence of marriage relationship shall be jointly owned by 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.

    Legal basis: 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 the marital relationship is 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 shall be jointly owned.

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

  3. Anonymous users2024-02-05

    With regard to the joint property of husband and wife, it is stipulated that from the time of marriage registration, the salary, bonus, remuneration for labor services and other property obtained by the husband and wife during the existence of the marriage relationship shall be the joint property of the husband and wife; Husband and wife have equal rights to dispose of joint property.

    [Legal basis].Article 1062 of the Civil Code of the People's Republic of China.

    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 1063 of this Law;

    (5) Other property that shall be jointly owned.

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

  4. Anonymous users2024-02-04

    The new Marriage Law has lapsed, and the latest Civil Code stipulates that the specific contents of the personal property of husband and wife include: the premarital property of one party; compensation or compensation received by a party for personal injury; Property that is determined to belong to only one party in a will or gift contract.

    [Legal basis].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 side.

  5. Anonymous users2024-02-03

    Article 17 of the Marriage Law of the People's Republic of China clearly stipulates that the following property acquired by husband and wife during the existence of marriage relationship shall be jointly owned by 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.

    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.

  6. Anonymous users2024-02-02

    The joint property of the husband and wife refers to the property acquired by the husband and wife during the existence of the marital relationship, mainly including: 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 where it is expressly stated to belong to one party; 5) Other property that should be jointly owned. The income obtained by one party from the investment of personal property, as well as the housing allowance, housing provident fund, basic pension and bankruptcy settlement compensation actually obtained or should be obtained by both men and women, are other property that shall be jointly owned by law.

    [Legal basis].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 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 shall be jointly owned.

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

  7. Anonymous users2024-02-01

    Article 17 of the Marriage Law stipulates that the following property acquired by a husband and wife during the existence of a 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.

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