Is the income obtained by one party from the investment of personal property considered the joint

According to Article 11 of Judicial Interpretation II, during the existence of the marital relationship, the following property is "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.

The full expression of this item is that during the existence of the marital relationship, the income obtained by one party from the investment of personal property belongs to "other property that shall be jointly owned" as stipulated in Article 17 of the Marriage Law. In other words, the "duration of the marital relationship" is limited to the acquisition of income, not the act of investment, that is, as long as it is the income obtained by one party from the investment of personal property during the existence of the marital relationship, regardless of whether the investment act occurs before or after marriage, the income obtained during the existence of the marital relationship belongs to the joint property of the husband and wife.

The income, fruits and natural appreciation obtained by one party's personal property shall be deemed to be the joint property of the husband and wife.

This is the provision of Interpretation 3 of the Marriage Law, which belongs to the later law and takes precedence over the previous Interpretation 2.

In addition, the principle of taking into account both women and children and taking care of the vulnerable party was recognized.

At the same time, the acquisition of fruits and natural appreciation, which has an actual relationship with the other party and has an auxiliary role, may be recognized as joint property.

Principles and exceptions coexisted and needed to be concrete.

Legally, if you have not agreed that whoever earns the money is whoever's own, then all income is the joint property of the husband and wife, except in specific cases of the law.

Your case is also a joint property of the husband and wife.

Under the community property system, the income obtained by one party from the investment of personal property shall be joint property unless otherwise agreed.

Article 40 of the Marriage Law of the People's Republic of China stipulates that, unless otherwise provided by law, the property obtained during the marriage relationship shall be jointly owned by the husband and wife, and the property of all natural persons of the husband and wife shall be collectively referred to as the joint property of the husband and wife. Therefore, under the community property regime, the income obtained by one party from the investment of personal property shall be considered as the joint property of the husband and wife, unless otherwise agreed by the husband and wife. Specifically, if the husband and wife have signed a property notarization or agreement before or after the marriage, which clearly defines the disposition of the couple's personal property, then the community property regime does not apply to their personal property.

However, if no relevant agreement or notarization is signed, then the income obtained by one party from the investment of personal property still belongs to the joint property of the husband and wife. It should be noted that under the community property system, spouses have the right to negotiate on an equal footing. If there is a dispute between the husband and wife about the disposition of personal property, they can legally negotiate or resolve it through legal means.

Under the community property regime, is pre-marital property considered joint property? According to the Marriage Law of the People's Republic of China, the system of joint property of husband and wife is only for property acquired during marriage. Therefore, pre-marital property is a disguised personal property and is not subject to the community property regime.

Under the community property system, the benefits obtained by one party through personal property investment are the joint property of the husband and wife, unless otherwise agreed by the husband and wife. When dealing with the personal property of the husband and wife, the husband and wife need to negotiate on an equal footing or resolve the dispute in accordance with the law.

Legal basis]:

Article 940 of the Civil Code of the People's Republic of China: Except as otherwise provided by law, property acquired during the existence of a marital relationship shall be jointly owned by 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;

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 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.

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 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.

Article 1051:Marriage is null and void in any of the following circumstances: (1) bigamy; (2) Have a family relationship that prohibits marriage; (3) They have not reached the legal age for marriage.

Article 1054:An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.

The provisions of this Law on parents and children shall apply to children born to the parties.

Legal analysis: After marriage, the investment income of one party generally belongs to the joint property of the husband and wife. During the marriage, if one of the spouses invests his or her personal property, the income from the investment is part of the joint property of the husband and wife.

It includes the dividends or interest obtained during the existence of the marital relationship by one party who has become a shareholder of a limited liability company or holds **, bonds, **investment**shares, etc., with premarital property investment.

Legal basis: Article 1063 of the Civil Code of the People's Republic of China In any of the following circumstances, it is the property of one of the husband and wife: (1) the premarital property of one party; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side 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 party.