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Unless agreed or in several special circumstances, marital property is jointly owned.
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There are five principles of property after marriage, you can check it for yourself, it is very comprehensive.
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Legal Analysis: The following property is considered joint property of the husband and wife during the marriage relationship:
1. Wages, bonuses, and labor remuneration;
2. Income from production, operation and investment;
3. Income from intellectual property rights;
4. Property obtained by inheritance or donation, except for the property that is clearly determined to belong to only one party.
Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury, or daily necessities for the exclusive use of one party, even if they are obtained during the marriage, are also the personal property of one party.
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 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 by Minyu.
Husband and wife have equal rights to dispose of joint property.
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Legal analysis: Whether the marital property is the joint property of the husband and wife depends on the agreement between the husband and wife and the provisions of the law.
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, economic and digital operations, 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 should be owned by the common owner.
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 purpose of bringing the party in one hand;
5) Other property that shall belong to one side.
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Criteria for judging property after divorce: If the property is jointly owned by the husband and wife, it includes the salary, bonus, and remuneration for labor services received by the husband and wife during the existence of the marital relationship; income from production, operation and investment; Inherited or donated property, which is not specifically stated to be owned by one party, etc. If it is the personal property of one party, there is the pre-marital property of one party; Compensation or compensation received by one party for personal injury.
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 is 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 1000000000000000000000000000000000000000000000000000000000000000000000000000000000 (2) Compensation or compensation received by one party for suffering harm from the person's filial piety; 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.
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Confirmation of who owns the property after marriage: Under normal circumstances, the property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife. However, if the husband and wife have a property agreement after marriage, stipulating that the property shall be owned by each other, according to the agreement, the property after the marriage shall be owned by each other.
Compensation for personal injuries due to one of the spouses after the marriage is also recognized as their personal property.
Legal basisArticle 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) 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.
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Criteria for judging property after divorce: the wages, bonuses, and labor remuneration received during the existence of the marital relationship of the husband and wife that belong to the joint property of the husband and wife; income from production, operation and investment; Inherited or donated property, which is not specifically stated to be owned by one party, etc. If it is the personal property of one party, there is the pre-marital property of one party; Compensation or compensation received by one party for personal injury.
Legal basis
Article 1062 of the Civil Code: 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.
Article 1063:The following property is 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 in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (Soxiang 5) other property that should belong to one party.
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Post-marital property is generally judged to be jointly owned by both husband and wife, and the property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife. However, if the husband and wife have a property agreement after marriage, and it is agreed that the property shall be owned by each other, according to the agreement, the property after marriage shall be owned by each other.
Legal basisArticle 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) 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.
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The current Marriage Law stipulates that husband and wife may agree that property acquired during the marriage and property before marriage shall be separately owned, jointly owned or partly separately and partly jointly owned. 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.
Article 17 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) 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.
Article 18: In any of the following circumstances, it is 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 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 side.
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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) 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.
To sum up the above:Marital property is the property acquired by both husband and wife during the existence of the marital relationship, that is, the property acquired by either spouse after marriage. Pre-marital property, on the other hand, is property acquired by individuals before marriage, so it is not joint property.
If the house is registered in the man's name, it is the man's personal property, but the man should compensate the woman, and the puppy can be divided by agreement.
If the joint property of the husband and wife is divided first (if there is a written agreement between the husband and wife and the current husband and wife does not affect the other people, from the written agreement, if there is no written agreement, the joint property of the husband and wife during the existence of the marital relationship will be divided equally), and if the property of the predecessor is not clear, it will be resolved through negotiation, and the court will not make a judgment through negotiation. >>>More
1. If the fund-raising funds are paid during the marriage, the real estate belongs to the joint property of the husband and wife and shall be divided equally. >>>More
Nowadays, there are many reasons for divorce, some people remarry soon after divorce, because the original joint property of the husband and wife has been disposed of at the time of divorce, so how to calculate the joint property of the husband and wife after the remarriage of the original divorce agreement has been disposed of has caused many troubles, so many parties come to consult me about this problem, after years of experience, I personally think that whether it is a divorce by agreement or a divorce by litigation, the joint property of the husband and wife has been disposed of at the time of divorce. The ownership of the joint property of the husband and wife that has been disposed of after the divorce of the parties shall be determined in accordance with the result of the disposition. After remarriage, the property that has been disposed of at the time of the previous divorce shall belong to the pre-marital property of both parties, and whether it is owned by one party or jointly owned by both parties depends on the result of the disposition of the property at the time of the previous divorce. According to the Marriage Act: >>>More
First of all, the house and the land. Since you say that they are all in the father's name, there is no doubt that neither of them can be the joint property of the husband and wife. This has little to do with divorce; >>>More