How to divide the joint property and personal property of the husband and wife?

To put it simply, it means that pre-marital property is personal property, and post-marital property is joint property! If you go to a notary public for notarization after marriage, then it is also your personal property, it's as simple as that.

Legal Analysis: The joint property of the husband and wife has:

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 the successors, except as provided for in item 3 of Article 163 of this Law;

5) Other property that shall be jointly owned.

The personal property of the husband and wife is:

1) the pre-marital property of one of the parties;

2) Compensation received by one party for personal injury or compensation for those who have completed the negotiation;

3) The property of the will or gift contract that is determined 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 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) 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.

Community of Husband and Wife Property of husband and wife refers to property acquired during the existence of the marital relationship. Personal property is property acquired before marriage.

The joint property of the husband and wife is:

1. Wages, bonuses, and labor remuneration;

2. Income from production, operation and investment;

3. Income from intellectual property rights;

4. Inherited or donated property returned to Wang;

5. Other property that shall be jointly owned.

The personal property of the husband and wife is:

1. One party's pre-marital property;

2. Compensation or compensation obtained by one party due to personal injury;

3. The property of the will or gift contract that is determined to belong to only one party;

4. Daily necessities for one party;

5. Other property that should belong to one party.

Where it cannot be determined that it is personal property or joint property of the husband and wife, it shall be presumed to be the joint property of the husband and wife.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The agreement to divide is as long as both parties are voluntary, adhere to the principle of voluntariness, and there is no fixed proportion. The division of the joint property of husband and wife according to the principle of equality is also an embodiment of the principle of equality between men and women.

In addition to this, it should also be reflected in the division of marital property:

1. The principle of taking care of women and minor children;

2. The principle of being conducive to production and life;

3. The principle of not harming the interests of the state, the collective and others;

4. Respect the wishes of the parties and the principle that property agreements take precedence over statutory provisions.

Legal basis]:

Article 1065 of the Civil Code of the People's Republic of China.

The man and the woman 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 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.

Method of division of joint property and personal property of husband and wife: Personal property shall not be divided, unless otherwise agreed. The joint property shall be divided according to the agreement of the parties.

If the parties are unable to reach an agreement, 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 innocent party.

Legal basis]:Article 1065 of the Civil Code of the People's Republic of China.

The man and the woman 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 of the suspect is not clear, the provisions of articles 1062 and 1063 of this Law apply.

Paragraph 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.

The way in which joint property and personal property of a husband and wife can be distinguished is as follows:

1. The husband and wife may agree whether the property during the existence of the marital relationship is owned by one person or jointly owned;

2. If there is no agreement, the property acquired by the husband and wife during the existence of the marital relationship shall be joint property.

However, the following properties are excluded:

1) Compensation received by one party for personal injury or compensation from a state relative;

2) Property that is determined to belong to only one party in a will or gift contract;

3) Daily necessities for one party.

Article 1062 of the Civil Code stipulates that the following property acquired by husband and wife during the existence of 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 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.