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Anonymous users2024-02-061. If the time of the intellectual property property income is before the marriage, even if the income is actually obtained after the marriage, the income is still the personal pre-marital property. 2. If the property income of intellectual property rights is clearly within the period of the existence of the marital relationship, the income shall be jointly owned by the husband and wife, regardless of whether the actual income is obtained during the existence of the marital relationship or after the divorce.
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Anonymous users2024-02-051. Division of intellectual property proceeds in divorce cases: Unless there are special provisions, intellectual property proceeds belong to the joint property of the husband and wife, and the joint property of the husband and wife is generally divided by mutual agreement; If an agreement is not reached, the people's court shall make a judgment on the basis of 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 party who has not made a mistake.
2. Legal basis: Civil Code of the People's Republic of China
Article 1087: In the event of 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:Where 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.
1. How to deal with the property rights of divorced enterprises.
If one of the husband and wife makes capital contribution and another person operates the partnership enterprise with the joint property of the husband and wife, and the other spouse is not a partner of the enterprise, the partnership property may be assessed at the time of divorce to determine the share of the joint property of the husband and wife.
The share of the joint property may be owned by one of the husband and wife, and the other party shall give compensation; It can also be divided into two parts, and both parties enter the house with their respective shares. When the people's court hears a divorce case involving such circumstances, if the husband and wife reach an agreement through consultation to transfer all or part of their share of the property in the partnership to the other party, it shall be handled separately according to the following circumstances:
1. If the other partners do not agree to the transfer and exercise the right of priority under the same conditions, they may divide the property obtained from the transfer;
2. If the other partners do not agree to the transfer or exercise the right of first refusal, but agree to the partner's withdrawal or return part of the property share, the returned property may be divided;
3. If the other partners unanimously agree, the spouse shall obtain the status of a partner in accordance with the law;
4. If the other partners neither agree to the transfer, nor exercise the right of first refusal, nor do they agree to the partner's withdrawal or return of part of the property share, it shall be deemed that all partners agree to the transfer, and the spouse shall obtain the status of partner in accordance with the law.
To sum up, the income from intellectual property rights belongs to the joint property of the husband and wife under no special provisions, and the joint property of the husband and wife is generally divided by agreement between the two parties; 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.
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Anonymous users2024-02-04If the intellectual property rights are completed by both husband and wife, they shall of course belong to the joint property of the husband and wife; If an intellectual property is created by one of the spouses after marriage, one party acquires ownership of the intellectual property right, and the intellectual property rights itself belong to one party. However, the proceeds of intellectual property rights, i.e., property rights, should be jointly owned by the husband and wife and belong to the joint property of the husband and wife. In the event of divorce, only existing property can be divided, property gains that have not been valued cannot be divided, intellectual achievements can only be considered as joint property of the husband and wife after they have been transformed into concrete tangible property, and appropriate compensation and care may be given to the spouse for the work paid in the common life of the spouse from other property.
Legal basis
According to Article 1062 of the Civil Code, the following 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) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 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.
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Anonymous users2024-02-03In the event of divorce, the division of intellectual property proceeds first needs to clarify whether it is the joint property of the husband and wife, and the income from the intellectual property obtained during the existence of the marital relationship belongs to the joint property of the husband and wife;
It shall be divided by both parties through negotiation, and if the negotiation fails, a lawsuit may be filed with the people's court, and the people's court shall 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 party who is not at fault.
The proceeds of intellectual property belonging to individuals do not need to be divided in the event of divorce.
Legal basisArticle 1062 of the Civil Code stipulates that the following 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) the benefits of the brotherhood of intellectual property;
(4) Inherited or donated property, except as provided for in item 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.
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Anonymous users2024-02-02Legal analysis: The part of the intellectual property proceeds belonging to the joint property of the husband and wife at the time of divorce can be divided by the two parties through negotiation, and if the negotiation is not successful, a lawsuit can be filed with the people's court, and the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
Legal basis: Article 1063 of the Civil Code of the People's Republic of China 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.
Circumstances in which the divorce case is under the jurisdiction of the defendant's location: 1If both husband and wife live together in the place of residence, and one party files a lawsuit with the people's court, the basic people's court of the county or district where they live together is the competent court; 2. >>>More
First of all, the prerequisite for the divorce agreement to take effect must be that both parties have gone through the divorce procedures at the Civil Affairs Bureau. The agreement on personal relations, that is, the agreement on whether or not to agree to divorce, cannot be bound by a written contract, that is, the law will not interfere with the repeated changes in the expression of intent between the parties to agree to the divorce, but once the parties have registered the form, that is, the relevant divorce registration has been completed, the law will confirm the fact of divorce. However, if only the two parties agree in writing to go through the divorce procedures together, but one party repents, the law will not give the other party the right to enforce, nor will it grant the court the right of compulsory recognition. >>>More
I don't know Li Yang, and my head hurts when I mention English.
Sitting on hundreds of millions of assets, his wife insists on divorce, he has been busy with his career for a long time, his sense of family responsibility is not strong, he has little to pay for the family, and all the big and small things in the family are handled by his wife, including his parents, who are taken care of by his wife, and he can't make his wife feel loved and cared for for a long time, so his wife insists on divorce.