What is the scope of marital property?

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 incomes and subsidies of one or both parties during the existence of the husband and wife relationship. 2. The income from production and operation refers to the income from production and operation of one or both husband and wife during the existence of the relationship between husband and wife. 3. The income from intellectual property rights refers to the income from intellectual property rights owned by one or both spouses during the existence of the husband and wife 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.

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.

If, for example, the house is bought by the woman or the man at one time, it is not the common property of the husband and wife.

The pre-marital property of one party and the pre-marital property belong to the personal property of the husband and wife; Medical expenses and living allowances for the disabled due to bodily injuries received by one party. In such cases, whether before or during marriage, compensation for bodily injury suffered belongs only to the individual disabled person and is the property of the individual disabled person; Property that is determined in a will or gift contract to belong to only one of the husband or wife. In this case, it can only be the personal property of the husband and wife if it is expressly stated to belong to one party.

In life, gifts are often encountered, and if there is no clear explanation, it can only be handled as the joint property of the husband and wife; Daily necessities for one party. Such as personal clothes, shoes and hats, watches, etc.; and other property that should belong to one party.

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 Paragraph 3 of Article 1063 of the Civil Code;

5) Other property that shall be jointly owned.

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) 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 scope of marital property mainly includes:

1. Salary, bonus, and labor remuneration after marriage;

2. Income from production, operation and investment after marriage;

3. Property inherited or donated after marriage, except for those that are determined in the will or gift contract to belong to only one party;

4. The income of intellectual property rights after marriage, etc.

Legal basisArticle 1063 of the Civil Code of the People's Republic of China.

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.

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

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 the Civil Code of the People's Republic of China;

5) Other property that shall be jointly owned.

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) 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 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.

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.

The scope of joint property of husband and wife is: (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 the Civil Code of the People's Republic of China; 5) Other property that shall be jointly owned.

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.

Community property includes the following scopes:

1. Unless otherwise agreed, the inheritance or donated property, production, business or investment income obtained by the husband and wife during the existence of the marital relationship;

2. The husband and wife enter into a written contract stipulating that other property shall be jointly owned.

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.

Article 1063.

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.