How to deal with the income from the investment of personal property and which income belongs to the

Hello, the personal property of the husband and wife is used for investment, and some of the income generated is attributed to the personal property, and some is attributed to the joint property of the husband and wife. The distinction is described below.

1. If a party invests in a company or enterprise with personal property, and the income enjoyed on the basis of such investment is obtained during the existence of the marital relationship, the part of the profit distribution generated by the production and operation of the company or enterprise, such as equity dividends, shall be jointly owned by the husband and wife in accordance with the provisions of Article 17, Paragraph of the Marriage Law;

2. The parties lease out the house owned by the individual, because the major means of living such as the house are basically jointly operated and managed by the husband and wife, including maintenance and repair, and the rent obtained is in fact a kind of income after the husband and wife jointly operate, therefore, the rent obtained during the existence of the marital relationship can generally be recognized as joint ownership. However, if the owner of the property has evidence to prove that in fact the operation and management of the house for rent is carried out by only one of the parties, the rental income during the marriage shall belong to the owner of the property;

3. The interest earned by the parties from the purchase of bonds with their personal property, or the interest generated by savings, should be owned by the individual according to the ownership of the principal or the original thing, since the interest income is the inevitable fruit of the bond or the principal of savings, which is different from the risky nature of investment income;

4. The parties have purchased real estate, bonds, **, or antiques and other properties with personal property, and during the existence of the marital relationship, the value-added part generated after the sale due to market changes, because these properties themselves are only changes in the form of personal property, and are still personal property in nature, and the value-added after the sale is based on the increase in the exchange value of the original thing, and it should still be owned by the individual according to the ownership of the original thing.

In practice, when judging whether the income of personal property obtained during the existence of the marital relationship belongs to the husband and wife, the people's court may, on the basis of the actual circumstances of the case, judge whether the post-marital income of various forms of personal property is based on the natural appreciation of the original personal property or on the basis of the joint business activities of the husband and wife, the former principle is individual ownership, and the latter principle is joint ownership. In addition, if the income is based on the investment behavior of mixing personal property with joint property, and there is no evidence to prove the specific proportion, it is presumed to be the investment income of joint property and belongs to the husband and wife.

During the marriage, the beneficial part belongs to the joint property of the husband and wife.

The income obtained by one of the spouses from the investment of personal property is the joint property of the husband and wife during the existence of the marital relationship.

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; Hall skill.

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.

Legal basis] Article 1062 of the Civil Code: 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.

The income obtained by one of the spouses from the investment of personal property is the joint property of the husband and wife during the existence of the marital relationship.

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.

Article 1062 of the Civil Code The following property acquired by husband and wife during the existence of marital 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) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; Mitsuki.

5) Other property that shall be jointly owned.

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

The law provides for a party's pre-marital property; compensation and compensation received by a party for personal injury; Property that is determined to belong to only one party in a will or a contract of gift by a fool; daily necessities for one party; Other property that should belong to one party is personal property.

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 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 pre-marital property of one of the parties;

2) Compensation and 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.

According to the law, the personal investment income that can be recognized as the joint property of the husband and wife includes: the income obtained by one party from investing in the company or enterprise with personal property; The income from the rental of a party's personal property. The income generated by the personal property of one of the spouses after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation.

[Legal basis].

Article 1062 of the Civil Code.

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) Property inherited or donated by Xiqiao, except as provided for in Paragraph 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 26 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

The income generated by the personal property of one of the husband and wife after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation.

**, intellectual property rights and other income belong to the joint property of the husband and wife. According to Article 11 of the Supplementary Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II), during the existence of the marital relationship, the following property belongs to "other property that shall be jointly owned" as provided for in Article 17 of the Marriage Law:

1) The income obtained by one party from the investment of personal property;

2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

3) Pension insurance funds and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained. Article 12: The "income from intellectual property rights" as provided for in Article 17, Paragraph 3 of the Marriage Law refers to the property gains actually obtained or that can be clearly obtained during the existence of the marital relationship.

Article 1062 of the Civil Code of the People's Republic of China provides that the 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) income from intellectual property rights;

4) Property donated by the inheritor or instructor, except as provided for in Paragraph 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 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 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 side.

Legal analysis: 1. If there is an agreement, follow its agreement.

2. If there is no agreement, during the existence of the marriage, the income obtained by one party from the investment of personal property belongs to the joint property of the husband and wife.

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 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 is omitted, 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.

Income from the investment of the joint property of the husband and wife shall generally be deemed to be the joint property of the husband and wife. Unless otherwise agreed. According to the relevant laws and regulations, the joint property of husband and wife includes other property that should be jointly owned by the husband and wife during the existence of the marital relationship, such as wages, bonuses, remuneration for labor services, income from production, business and investment.

[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) Production, operation, and investment in the rapid benefit of income;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1060 of this Law;

5) Other property that shall be jointly owned.

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