What property is unique to one of the spouses

The property unique to husband and wife, also known as property retained by husband and wife, refers to a certain range of personally owned property retained by the husband and wife in accordance with the provisions of the law or the agreement of the husband and wife after marriage. Unique property can be divided into two categories: statutory unique property and agreed unique property.

Statutory unique property refers to the personal property reserved by the husband and wife in accordance with the law, such as the property within the scope of Article 18 of the Marriage Law of the People's Republic of China.

The agreed upon unique property refers to the part of the property that the husband and wife have agreed on by agreement on the ownership, management, use, income, and disposal of the property acquired by the husband and wife before marriage and during the existence of the marital relationship, as well as the repayment of debts of third parties, and the division of property at the time of dissolution of marriage.

The unique property is independent of the joint property of the husband and wife, and the husband and wife enjoy independent rights to manage, use, benefit from and dispose of their own unique property, and others must not interfere with it. One spouse may also entrust the management of his or her own unique property to the other party.

When the joint property of the husband and wife is insufficient to cover the expenses of family maintenance, the husband and wife shall share the share with their own unique property.

What kind of property is the personal property of one of the spouses?

Article 1063 of the Civil Code stipulates that the following property shall be the personal property of one of the spouses: (1) the premarital property of one of the spouses;

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.

In addition to the statutory personal property, the parties may also agree on the scope of personal property, either as the part of the statutory personal property as the joint property of the husband and wife, or as the part of the statutory joint property as personal property, and the effect of the agreement shall take precedence over the statutory effect.

It is worth noting that the property that is owned by one of the spouses under the law is not converted into joint property by virtue of the continuation of the marital relationship.

Unless otherwise agreed by the parties.

Article 1063 of the Civil Code provides:

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.

In addition to the statutory personal property, the parties may also agree on the scope of personal property, either as the part of the statutory personal property as the joint property of the husband and wife, or as the part of the statutory joint property as personal property, and the effect of the agreement shall take precedence over the statutory effect.

It is worth noting:

Property belonging to one of the spouses under the law shall not be converted into joint property by virtue of the continuation of the marriage.

Unless otherwise agreed by the parties.

The property belonging to one of the spouses is:

One party's pre-marital property.

Compensation or compensation received by a party for personal injury.

Property identified in a will or gift contract as belonging to only one party.

Daily necessities for one party.

It means that one of the husband and wife has high property, and Qi Xuye belongs to one party.

Legal basis: Marriage Act

Article 18: [Property of one of the husband and wife] 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 obtained by Yiyu Formula due to physical 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.

Note: After the Civil Code came into effect on January 1, 2021, the above legal basis was changed to Article 1063 of the Civil Code.

The property of one of the spouses refers to the so-called personal property of the husband and wife, which refers to the property owned by each spouse before the marriage and other property unique to the husband and wife.

Legal basis] According to Article 18 of the Marriage Law, in any of the following circumstances, it shall be the property of one of the husband and wife, unless otherwise agreed by both parties:

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 due to 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. Other property that shall belong to one party shall include property used by one of the spouses for occupation, work, amateur study, interests, hobbies, and so forth; Subsidies, welfare property, personal insurance premiums, medical expenses, disability expenses, health care expenses, etc., of a personal nature; Honorary prizes, medals, etc., obtained by one party in social contributions; The parties agreed to be personally owned property.