Does the rental income of the house before marriage and after marriage belong to the joint property

Hello landlord, Article 17 of the Marriage Law stipulates the scope of property that should be jointly owned by the husband and wife during the existence of the marital relationship, that is, the following property obtained 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 refer to the wages, bonus income and various welfare policy income and subsidies of one or both parties during the existence of the marital relationship; (2) The income from production and operation refers to the income from production and operation of one or both spouses 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 marital relationship; (4) Property obtained by inheritance or gift refers to the property acquired by one or both parties as a result of inheritance and acceptance of gifts during the existence of the marital relationship. In the case of inheritance income, it refers to the acquisition of property rights, not the actual possession of property.

Even if the marriage is not actually in possession before the termination of the marital relationship, as long as the inheritance occurs during the existence of the marital relationship, the inherited property is also the joint property of the husband and wife, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned.

Lawyer's answer: According to the "Marriage Law" and relevant legal provisions, the property acquired by the husband and wife after marriage is the joint property of the husband and wife, and the income obtained by one party from the investment of personal property shall be jointly owned by the husband and wife. The house that Mr. Zhang obtained the real estate certificate before the marriage was his personal property, and the income from the rental of the house after the marriage belonged to the joint property of the husband and wife.

1. If there is no agreement that the house owned before marriage is the joint property of the husband and wife after marriage, it shall be personal property. Based on:

Article 18 of the Marriage Law In any of the following circumstances, it shall be 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.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or 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.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

2. If the house owned by an individual before marriage is not agreed to be personal property after marriage, it shall be the joint property of the husband and wife after marriage. Based on:

Article 11. During the existence of the marital relationship, the following property falls under the provisions of Article 17 of the Marriage Law"Other property that should be jointly owned"：

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.

The income, wages, bonuses, remuneration for labor services, income from production, operation and investment, and income from intellectual property rights are all part of the joint property of the husband and wife, and the rental of real estate is an operating income and can be recognized as the joint property of the husband and wife.

Article 1062 of the Civil Code, which came into force in 2021.

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) income from intellectual property rights, (4) inherited or donated property, except as provided for in paragraph 3 of Article 1063 of this Law, and (5) other property that shall be jointly owned by the husband and wife. Husbands and wives have equal rights to dispose of jointly owned property.

Article 1063 of the Civil Code, which came into force in 2021.

The following property is the personal property of one of the spouses: (1) the pre-marital property of one party, (2) the compensation or compensation received by one party for personal injury, (3) the property determined in the will or gift contract to belong to only one party, (4) the daily necessities for the exclusive use of one party, and (5) other property that should belong to one party.

The above is my answer to this question, I hope the Ling Travel Rebellion will be helpful to you, thank you.

The characteristics of marital property are as follows:

1. The non-specificity of the agreed time. The husband and wife agree on the sale of property, which can be agreed before or after marriage. It is even possible to make a re-agreement on the property. When to make an agreement and whether it needs to be re-agreed depends entirely on the true intention of the husband and wife;

2. Diversity of agreed forms. That is, it is agreed to be separately owned, jointly owned, partly separately owned, partly jointly owned and so on;

3. Priority of contract. Here, the national law also adopts the principle of contractual priority for the agreement on marital property. That is, there is a contract according to the contract, and there is no contract according to the law. Whether it is the joint property of the husband and wife or the personal property of the husband or wife depends first and foremost on the intention of the spouses;

4. The agreed property is protected by law.

There are several types of marital property:

1. Property owned by individuals before marriage, such as wages and bonuses, income from production and operation, income from intellectual property rights, property, capital gains and other legal income obtained by inheritance or gift;

2. The property rights that one party has obtained before marriage, such as one party has obtained the property right of the pre-sold house before marriage and has fully paid the house price, and the ownership of the house is actually obtained after marriage;

3. The fruits of pre-marital property, including the fruits of personal property before marriage and the fruits of personal property before marriage and after marriage;

4. One party exists in the form of money, equity, etc. before marriage, and after marriage it is manifested as another form of property. If one party's personal savings before marriage and the tangible property purchased after marriage are converted into money, this is only a change in the original form of property value, and its value acquisition began before marriage, and it shall be recognized as one party's personal property.

To sum up, the income from the rental of the house before the marriage is considered joint property. If you rent your property before you get married, the rent that has been generated before you get married is definitely not the joint property of the husband and wife, but the house still generates rent after marriage, and the rental income after marriage should be recognized as joint property. Because it is the income of the joint operation of both parties.

The joint property of husband and wife includes wages, bonuses, remuneration for labor services, income from production, operation and investment, inheritance or donation, and income from intellectual property rights.

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;

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 1087.

In the event of a 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.

According to the law, the fruits and natural appreciation of the marital property of one of the spouses are not the joint property of the husband and wife.

However, the rent of the house is not a fruit, it is determined by the law of supply and demand in the market, and is closely related to the management of the house itself.

The parties lease out the houses owned by the individuals, because the major means of living such as the houses are basically jointly operated and managed by the husband and wife, including maintenance and repair;

The rent obtained is in fact the income of the husband and wife after the joint operation, so unless otherwise agreed by the husband and wife, the rent obtained during the marriage should generally be considered to be jointly owned by the husband and wife.

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) Inheritance of shed ants or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Interpretation of the Marriage and Family Section of the Civil Code of the People's Republic of China.

Article 26 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.

1. How to divide the property where one party pays a down payment before marriage and repays the loan jointly after marriage.

1.The parties agree to deal with it.

2.If the agreement is not reached, the court may rule that the property belongs to the party whose title is registered, and the loan that has not yet been repaid is the personal debt of the party whose title is registered.

3.In the event of divorce, the parties shall compensate the other party for the joint repayment of the loan and the part of the property appreciation that is related to the loss and the corresponding increase in the value of the property, in accordance with the principle of taking care of the interests of the wife and the children.

4.The part that both parties should jointly divide = the part that the husband and wife repay jointly after marriage The actual total house payment (the principal of the total house payment has been repaid) The market value of the house at the time of divorce.

Renting a house is not a simple matter.

Unlike bank deposits, which are placed in a bank, they will accrue interest.

Unlike real estate, with the relationship between supply and demand, the market **, the value increases.

When the house is rented out, the lessor must fulfill the corresponding management and repair obligations, and it is inevitable to invest time and energy before and after signing the lease contract.

Legal analysis: Because the income from the rental of the house after marriage belongs to the income from production, operation and investment, the income from the rental of the house before marriage and after marriage belongs to the common ownership. The joint property of husband and wife refers to the property acquired during the existence of the marital relationship and provided for in the Civil Code of Coarse Songgao, which is the joint property of the husband and wife, and the husband and wife have equal rights to dispose of the joint property.

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) Property inherited or donated by rock rulers, except as provided for in Article 1063 of this Law;

5) Other property that shall be jointly owned.

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

Pre-marital property The rent after marriage is generally not part of the joint property of the husband and wife, but belongs to the personal property of one of the parties; However, if the other party participates in the operation and management of the house for rent, the rent obtained after the marriage belongs to the joint property of the husband and wife.

Article 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 owned by the husband and wife together: (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 this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Legal Analysis: The following property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife and belongs to the husband and wife jointly

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 1060 of this Law;

5) Other property that shall be jointly owned.

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

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, 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; Mountain Brigade.

5) Other property that shall be jointly owned.

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 exclusive use of one side;

5) Other property that shall belong to one side.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 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 legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.