How is divorce considered as joint property of husband and wife, and how is it defined?

According to article 17 of the Marriage Law, the following property acquired by the husband and wife during 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.

Paragraph 3 of Article 18 of the Marriage Law stipulates that the property of only one of the husband or wife as determined in the will or gift contract shall be the property of one of the husband and wife.

Legal Analysis: 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) 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.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of 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.

1. How to define the joint property of husband and wife at the time of divorce.

1. The joint property of the husband and wife at the time of divorce acquired during the existence of the marital relationship between the man and the woman, including wages and bonuses; The proceeds of doing business belong to 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 in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

2. 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 is the joint property of the husband and wife and is not 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.

2. What is the divorce procedure for husband and wife?

The divorce procedure for husband and wife is as follows:

1. In the case of divorce by agreement, both husband and wife should bring the divorce agreement, marriage certificate, ID card and other documents to the marriage registration authority for processing;

2. In a litigation divorce, one party first submits the complaint and relevant evidence to the court. After the court accepts the case, mediation will generally be conducted first;

3. If the relationship between the husband and wife has indeed broken down, or if one party has bigamy, domestic violence, drug abuse and other behaviors that seriously endanger the feelings of the husband and wife, resulting in ineffective mediation, the divorce shall be granted.

At the time of divorce, the joint property of the husband and wife shall be defined in accordance with the statutory scope, including the wages, bonuses, remuneration for labor services, income from production, operation, investment, and other property that should be jointly owned by the husband and wife during the existence of the marital relationship.

1. Is the company established after marriage the joint property of the husband and wife?

Generally speaking, a company established after marriage is the joint property of the husband and wife, unless there is a special agreement between the parties that it belongs to the personal property of one party. The joint property of the husband and wife also includes the wages, bonuses, remuneration for labor services, income from production, operation, investment, and other property that should be jointly owned by the husband and wife during the existence of the marital relationship.

2. What is the joint property of the company after marriage.

"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. Husbands and wives have equal rights to dispose of jointly owned property.

The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse. Include.

1) Salary and bonus;

2) income from production and operation;

3) income from intellectual property rights;

4) property acquired by inheritance or gift;

5) Other property that should be jointly owned;

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

7) The pension insurance and bankruptcy settlement compensation actually obtained or should be obtained by both parties;

8) The part of the marital relationship that should be shared by the husband and wife during the existence of the marital relationship, such as demobilization allowance and self-employment allowance paid to the name of the soldier.

3. Is the money given by the parents after marriage considered joint property?

Whether the money given by the parents after marriage is joint property depends on the circumstances:

1. If the money given to the husband and wife by one of the parents after marriage is not clearly indicated to belong to one party, it means that the gift to the husband and wife belongs to the joint property of the husband and wife;

2. Wages, bonuses and remuneration for labor services received by the husband and wife during the existence of the marital relationship; income from production, operation and investment; proceeds from intellectual property rights; Inherited or donated property, except for those expressly given to one party; Property that should be jointly owned is the joint property of the husband and wife and is jointly owned by the husband and wife.

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.

The method of defining marital property in divorce is as follows: the property of one party before marriage, compensation or compensation for personal injury, special daily necessities, etc., shall be recognized as his personal property, and the wages, bonuses, remuneration for labor services, inheritance or donated property received by the husband and wife during the existence of the marital relationship shall be recognized as the joint property of the husband and wife. Unless otherwise agreed by the parties.

[Legal basis].Article 1063 of the Civil Code of the People's Republic of China.

The following property is the personal property of one of the spouses:

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 1062.

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.

The husband and wife may make an agreement on the form of ownership of property during the existence of the marital relationship, such as separate ownership, joint ownership, or partial joint ownership, and if there is no agreement, the joint property system shall be adopted. The joint property of husband and wife refers to the following property jointly owned by the husband and wife and acquired by the husband and wife during the existence of the marital relationship, including wages, bonuses, and remuneration for labor services; income from production, operation and investment; proceeds from intellectual property rights; inherited or donated property; Other property that should be jointly owned.

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 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 counterparty by the counterpart, the debts incurred by the husband or wife shall be paid off with the personal property of the spouse or the wife.