What is the matrimonial property regime and what is the matrimonial property regime

China's "Marriage Law" adopts the model of combining the legal marital property system with the agreed marital property system, and has made detailed provisions. (1) The statutory marital property system, which refers to the system of marital property directly applied by the relevant laws when the husband and wife have no agreement before or after marriage or the agreement is invalid. Article 19 of the Marriage Law stipulates that husband and wife may agree that the property acquired during the marriage relationship and the property before marriage shall be owned separately or jointly, or partly separately and partly jointly.

The agreement shall be in writing. Spouses have equal rights to dispose of their jointly owned property.

Legal basis: Article 17 of the Marriage Law.

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; (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.

The property system agreed upon by the husband and wife refers to:The law allows the spouses to use the agreement between the spouses, willSomethingorcertain propertyDetermined to be owned by one partyorOwned separately by both partiesofSystem. Once the agreement takes effect, the husband and wife shall enjoy the rights and assume the obligations according to the content of the agreement.

Article 19 of the Marriage Law stipulates that: "Husband and wife may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. 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. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties. ”

Legal Analysis: The legal matrimonial property regime refers to the provisions of the law on the joint property of husband and wife. Other property that should be jointly owned by the husband and wife, such as wages, bonuses, remuneration for labor services, income from production, business operations, investment, and other assets obtained by the husband and wife during the existence of the marital relationship, shall be 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 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 of wax hand;

(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.

The matrimonial property regime is also known as the matrimonial property regime. Broadly speaking, it refers to the legal system of ownership, management, use, income and disposal of property acquired by husband and wife before marriage and property acquired after marriage, as well as the settlement of debts and the liquidation of property at the dissolution of marriage. In a narrow sense, it refers to the legal system governing the ownership of marital property during the marriage.

The legislative forms of the matrimonial property system are divided into the legal property system and the contractual property system. The legal property system refers to the marital property system that is naturally applicable in accordance with the law when the spouse has not entered into a marital property deed before or after marriage, and the spring contract or the agreement is invalid. The contractual property system refers to the property system that the law allows the husband and wife to determine and use in the form of a contract.

The legal property systems in modern and modern countries are mainly as follows:

1) Unified property system. In addition to the unique property, the value of the wife's pre-marital property is assessed and transferred to the husband, and the wife retains the right to claim the return of the appraised amount. It was adopted by the legislation of the early capitalist countries.

2) Joint property system. It means that the husband and wife each retain the ownership of their personal property, except for the unique property, but the property of the husband and wife is united and managed by the husband. When the relationship between husband and wife is terminated, the wife's original property is recovered by the wife herself or inherited by her heirs.

It was adopted by the legislation of the early capitalist countries.

3) Community property system. It means that all or part of the property of the husband and wife is jointly owned by both parties, except for the unique property. In terms of the scope of common property, it can be divided into:

General communal system. Both the pre-marital property and the property acquired after the marriage are jointly owned by the husband and wife. Joint system of post-marital income.

It means that all the property acquired by the husband and wife after marriage is jointly owned by the husband and wife. Joint system of movable property before marriage and income after marriage. It means that the movable property of the husband and wife before marriage and the income after marriage are jointly owned by the husband and wife.

Joint system of income from labor after marriage. It means that the property obtained from labor and business after marriage belongs to the joint property of the husband and wife, and the non-labor income such as inheritance and donation belongs to each other.

4) Separate property system. It means that the property of the husband and wife before and after marriage is still owned by the husband and wife, and the husband and wife independently exercise the right of management, income and disposal.

5) Residual common property system. It means that the husband and wife retain their ownership, management rights, beneficial rights of use and restricted disposal rights of their pre-marital property and property acquired after marriage, and when the marital property system is terminated, the difference between the value-added property of the husband and wife shall be regarded as the remaining property and shared by the husband and wife.

The separate property system means that the property acquired by the husband and wife before and after marriage belongs to each other, and they have the right to independently occupy, use, benefit and dispose of their own property.

The marital property agreement shall be in written form, and the husband and wife may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned by each other. In the former case, in fact, there are other questions of legal understanding and application. Therefore, and at the time of divorce, both parties admit the fact of oral agreement.

The agreement shall be in writing.

The division of the joint property of the husband and wife must be based on the premise of divorce in accordance with the law, which shows that in China, the husband and wife must divorce by agreement or litigation if they want to divide the common property. If the husband and wife cannot agree on the property or are unwilling to file for divorce due to various reasons, and the husband and wife cannot agree on the property or it does not belong to the individual's exclusive property, then the only option to divide the joint property within the marriage is divorce, which is not conducive to the stability of the marriage and family. It should be supplemented by the establishment of a new type of matrimonial property system - the system of intramarital division of property and separate property.

The property to be agreed upon may be the means of subsistence or the means of production; It can be all or part of the property.

Pre-marital property belongs to the husband or wife. Witnessing of the premarital property agreement refers to the activity of witnessing the authenticity and legitimacy of the agreement reached by the husband and wife (fiancé) on the scope of their respective premarital property and debts and the ownership of rights in accordance with the law.

It helps to clarify the quantity, scope, value and ownership of premarital property, and is a reliable legal basis for resolving marriage and property disputes, and is of positive significance for stabilizing family and property relations, preventing marital disputes, protecting the legitimate rights and interests of both husband and wife, and promoting social stability and unity.

There are two forms of witnessing a prenuptial property agreement:

1. The fiancé reaches an agreement before the marriage is registered. Witness processing;

2. The husband and wife reach an agreement during the existence of the marital relationship and handle the witness.

The parties shall jointly submit an application to the witnessing lawyer for the witness of the prenuptial property agreement, fill out the witness application form, and shall submit:

1) Applicant's identity certificate;

2) Draft of the agreement (if the parties have difficulty in writing the agreement, the witnessing organ can write it on their behalf);

3) Relevant property rights certificates, such as the real estate certificate of all the properties owned by the individual;

4) Other relevant supporting materials, such as the marriage certificate of the married couple.