What is the joint property of the husband and wife, one party disposes of the joint property without

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

2. How to dispose of common property without the consent of one party.

1.The husband or wife have equal rights in dealing with the joint property of the husband and wife. Either party has the right to decide on the disposition of the joint property of the husband and wife for the needs of daily life.

2.Where the husband or wife makes important decisions on the disposition of the joint property of the husband and wife other than for the needs of daily life, the husband and wife shall negotiate on an equal footing and reach a consensus. Where others have reason to believe that it is an expression of the common will of the husband and wife, the other party must not oppose the bona fide third party on the grounds that they do not agree or do not know.

As mentioned in Article 19 of the Marriage Law, "where a third party is aware of the agreement", one of the spouses bears the burden of proof for this.

In other words, it is up to either party to decide what is necessary for daily life. For larger and important property projects, such as buying a house, large debts, etc., it should be negotiated by both parties. If one party does not agree, the other party cannot dispose of it alone.

If the sanction has already been given, the sanction is invalid.

If the consequences of the handling involve the interests of a third party, the invalidity may lead to losses for the third party. It is necessary to determine whether the third party is aware, that is, whether it is a bona fide third party. If the third party clearly knows that the other party has disposed of the joint property of the husband and wife without authorization, the third party shall bear the risk and loss of the invalidity of the contract.

If the third party does not know or has no reason to know that the other party has disposed of the joint property of the husband and wife without authorization, the risk and loss of the contract may be claimed from the other party.

The joint property of the husband and wife needs to be disposed of jointly by the husband and wife, except for small expenses of daily life. For large expenses, such as the property must be disposed of by mutual agreement, and one party disposes of it without authorization, the other party can claim revocation or demand compensation from the other party.

The joint property of husband and wife refers to the property acquired during the existence of the marital relationship and stipulated in the Civil Code of the People's Republic of China, which is the joint property of the husband and wife, which is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property. Where the joint property of the husband and wife is disposed of without authorization, the act is invalid. Where a third party acquires the property in good faith or for compensation, the person who disposes of the joint property without authorization shall compensate for the losses of the co-owner who imitates it.

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 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; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

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 the People's Republic of China, which is the joint property of the husband and wife, and is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property. Where the joint property of the husband and wife is disposed of without authorization, the act is invalid. Where a third party acquires the property in good faith or for compensation, the person who disposes of the joint property without authorization shall compensate for the losses incurred by the other co-owners.

Legal basis

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 jointly owned by the husband and wife: (1) wages, bonuses and remuneration for labor services; (2) Revenues and benefits 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 deal with the property in the same way.

Disposal refers to the final de facto or de jure disposition of a certain property, which can be divided into paid disposal and gratuitous disposal. The act of one of the husband and wife disposing of joint property without authorization is an act of disposing of joint property without authorization by some co-owners.

1. The nature of the disposition of joint property by one of the spouses without pretense and pure compensation.

On this issue, the judicial and academic circles have different views, and in a nutshell, there are several opinions on the demolition:

It is generally held that the unauthorized disposal of common property by some co-owners is an act of disposition without authority, and should generally be found to be invalid, but the interests of bona fide third parties should be safeguarded. If the co-owners knew it and did not object at the time, it should be recognized as valid;

The second opinion is that if the co-owner disposes of the common property without authorization, it does not belong to the right to dispose of it, which means that there is a defect in the right, and the guarantee system for defective rights should be applied;

The third view is that if the co-owner disposes of the common property in his own name without authorization, the sales contract is valid regardless of whether the parties are bona fide or not, except in case of malicious collusion. If it is disposed of as all the co-owners, it shall be deemed to have no right to ** or to see**.

Legal basisArticle 311 of the Civil Code of the People's Republic of China [Acquisition in Good Faith] Where a person without the right of disposition transfers immovable or movable property to the transferee, the owner has the right to recover it; Except as otherwise provided by law, the transferee acquires ownership of the immovable or movable property under the following circumstances: (1) the transferee is acting in good faith when transferring the immovable or movable property; (2) Reasonable transfer; (3) The transferred immovable or movable property shall be registered in accordance with the provisions of law, and the registration of jujube has been verified and missing, and the registration that does not need to be registered has been delivered to the transferee.

Where the transferee acquires the ownership of immovable or movable property in accordance with the provisions of the preceding paragraph, the original owner has the right to claim damages from the person without the right of disposition. Where the parties acquire other real rights in good faith, the provisions of the preceding two paragraphs shall apply by reference.

Husband and wife have equal rights to dispose of joint property. The act of one of the spouses disposing of the joint property of the husband and wife without authorization is an act whose validity is to be determined, and the other party may claim revocation, but it cannot be used against a bona fide third party. When husband and wife sell their jointly owned property, they shall consult with each other and reach a consensus.

However, in practice, when dealing with daily affairs, the husband and wife should be the first to each other (that is, the behavior of the person is directly regarded as the behavior of the person being subjected, and the legal consequences are directly attributed to the person being subjected. Where one spouse feels that the other party has violated their rights and interests, they may sue for resolution in accordance with law.

1. Can one party get back the money it gave to the junior 5 years ago?

According to the provisions of the Civil Code of the People's Republic of China, both husband and wife have equal rights to dispose of the joint property, and the husband's act of privately giving the joint property to a third party violates the legitimate rights and interests of the wife.

According to the provisions of the Civil Code, the property acquired during the existence of the marital relationship belongs to the joint property of the husband and wife and is jointly disposed of by the husband and wife, and the act of one party disposing of the joint property of the husband and wife without authorization is invalid, and the other party has the right to return the property.

Civil Code of the People's Republic of China

Article 1062:[Joint Property of Husband and Wife]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 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.

2. What should I do if one party sells the property before the divorce and can't find anyone.

In cases where one of the spouses' whereabouts is unknown, and the other party sues the people's court, and only requests a divorce, and does not apply for a declaration of the disappearance or death of an unknown person, the people's court shall accept it and use a public notice to serve the litigation documents on the person whose whereabouts are unknown.

If your husband sells the house before the divorce, you can go to court to sue. Filing for divorce generally includes three stages: prosecution, defense and trial, and each divorce case generally requires a case acceptance fee of 50 yuan to 300 yuan. If the division of property is involved, but the total amount of property does not exceed 200,000 yuan, there is no need to pay separately.

The part exceeding 200,000 yuan is usually paid at 0.5%.

"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 existence 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.

When husband and wife sell their jointly owned property, they shall consult with each other and reach a consensus. However, in practice, the husband and wife should be the first to each other when dealing with the daily affairs of this dispute (that is, the behavior of the person is directly regarded as the behavior of the person being subjected, and the legal consequences are directly attributable to the person being subjected.

Legal analysis: 1. If one of the husband and wife disposes of the jointly owned property without authorization, if the amount is small, the law shall have the effect of destroying the law, because both husband and wife have the right to dispose of the joint property.

2. If the amount is relatively large and the husband and wife dispose of it without authorization, the other party may apply to the court to revoke the disposition and confirm that the disposition is invalid. If the transferee is obtained in good faith and pays a reasonable price, there is an act of disposition.

Validity, no application for revocation is allowed. However, the Qi Party shall be liable to the other Party for the disposition.

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 the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the 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;

5) Other property that shall be jointly owned.

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