How to prove that it is joint property of the husband and wife

"Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife.

Article 17 of the Marriage Law The following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from 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.

Article 18: In any of the following circumstances, it is 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.

No proof is required. After the marriage is registered, the following property naturally belongs to the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4. Property acquired by inheritance or gift.

5) Other property that shall be jointly owned.

6. Housing subsidies and housing provident funds actually obtained or should be obtained by both parties.

7. The endowment insurance money and bankruptcy settlement compensation actually obtained or should be obtained by both parties.

8. The portion of the marital relationship that is due to the husband and wife during the existence of the marital relationship, such as demobilization allowance and self-employment allowance, which is paid to the name of the serviceman.

There is no need to prove, as long as the property acquired during the existence of the husband and wife is all joint property, the plaintiff does not need to prove it, which is a reversal of the burden of proof on the defendant.

Proof of the joint property of the husband and wife:

1. If the divorce lawsuit proves that there is real estate, the real estate certificate or purchase contract, payment invoice or capital contribution certificate shall be submitted;

2. If the divorce lawsuit proves that there is a bank deposit and applies to the court for investigation, the name of the bank and the bank account number shall be submitted; If it is proved that there is ** and apply for court investigation, the name of the securities company that opened the account, the shareholder**, and the capital account number shall be submitted; If it is proved that there is a vehicle, the driving license and license plate number shall be submitted;

3. If the divorce lawsuit proves that the other party has equity in the company, the company's industrial and commercial registration and proof of capital contribution shall be submitted;

4. If the divorce lawsuit proves that one party has creditor's rights and debts, in addition to submitting an IOU, there must be relevant evidence to support it;

5. If the divorce lawsuit proves that there is an agreement on the property of the husband and wife, the agreement and other relevant evidence must be submitted.

Legal basis] Article 17 of the Marriage Law stipulates that the following property acquired by husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from 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.