What is the personal property of the husband and wife in the event of divorce?

Huang Zhiye and Qian Ju were introduced to establish a relationship in 1999, and their relationship progressed quickly and got married on New Year's Day in 2000. After marriage, the two lived happily and had a good relationship. In January 2001, Huang Zhiye unfortunately had a car accident, resulting in a high-level amputation and unable to take care of himself.

At first, Qian Jushang was able to take care of Huang Zhiye carefully, but after a long time, he became bored and felt that life was very hard and tiring, so he filed for divorce from Huang Zhiye. Huang Zhiye also understood Qian Ju's distress and agreed to divorce, but the two could not reach an agreement on the division of property, so they sued the court. After investigation, the properties of Huang Zhiye and Qian Ju are:

Huang Zhiye purchased a house before marriage, a set of furniture, a set of audio and color TV, refrigerator, air conditioner and other household appliances purchased after marriage, Huang Zhiye received 200,000 yuan for medical expenses and living allowance for the disabled due to a car accident, 100,000 yuan in deposits between the two after marriage, and gold and silver jewelry purchased by Qian Ju before marriage.

Question: How will the court decide?

A: We have already introduced the scope of joint property of husband and wife, so what kind of property belongs to the personal property owned by both spouses? China's newly revised Marriage Law in 2001 stipulates:

1) The pre-marital property of one party, including all the personal deposits before the marriage, the daily necessities purchased for personal use before the marriage, and the ordinary means of production and means of subsistence.

2) Medical expenses and living allowances for the disabled due to bodily injury to one of the parties. Medical expenses and living allowances for the disabled are the expenses paid by the victim to the victim as a result of the tortious act, which are used to ensure the victim's medical treatment and livelihood, and belong to the property used exclusively by the party and shall be owned by the party.

3) The property of one of the spouses as determined in the will or gift contract. According to the provisions of China's new marriage law, during the existence of the husband and wife relationship, the property obtained by inheritance or gift shall be jointly owned by the husband and wife, except if the testator or donor, in the will or gift contract, indicates that the estate or donated property belongs to one of the husband and wife.

4) Daily necessities for one party, such as items used by one of the spouses for personal use due to special needs such as body, life, work, occupation, etc.

5) Other property that should belong to one party. If the demobilized soldier brings back from the army, the medical subsidy, the subsidy for returning to the hometown for production, etc.

In this case, the furniture, audio and household appliances purchased by Huang Zhiye and Qian Ju after their marriage should belong to the joint property of the husband and wife, and the medical expenses and living allowance for the disabled received by Huang Zhiye as a result of the car accident should belong to Huang Zhiye personally according to the provisions of the new Marriage Law. The house purchased by Huang Zhiye before marriage and the gold and silver jewelry purchased by Qian Ju before marriage belong to the respective pre-marital property of both parties and belong to each of them. Therefore, it should be determined that the joint property of Huang Zhiye and his wife includes a set of furniture, a set of audio and color televisions, refrigerators, air conditioners and other household appliances purchased by them after marriage, and a deposit of 100,000 yuan between them after marriage.

Huang Zhiye's personal property includes the housing purchased before marriage, the medical expenses obtained from the car accident, and the living allowance for the disabled of 200,000 yuan; What belongs to Qian Ju personally is the gold and silver jewelry purchased before his marriage.

The part that originally belonged to the joint property of the husband and wife should be cut up, and the part that did not belong to the joint property of the husband and wife, such as the personal property before marriage, should also be divided from the other party. With this mentality, they often suffer from ignorance of the law or a little understanding of the law and are unable to use the law effectively. So, naturally, the client gave this task to the lawyer.

Our lawyer's years of professional experience and skills have been honed in the process of completing seemingly impossible tasks.

1. Property that existed before one party registered the marriage;

2. Daily necessities for one party;

3. Medical expenses, living allowances for the disabled and insurance compensation received by one party due to bodily injury;

4. The property that is clearly owned by only one of the husband and wife in the will or gift contract;

5. Other property that should belong to one party. This is a catch-all provision made by the Marriage Law, which mainly refers to the special items related to the personal career, study, hobbies and hobbies of one of the spouses in general divorce cases; Subsidies, welfare property, health care expenses, etc., of a personal nature of one side; Honorary prizes, medals, etc. received by one party.

Legal Analysis: The property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife. Including (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned.

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 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) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned.

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

The following property is the personal property of one of the spouses: (1) the pre-marital 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 party.

According to Article 1063 of the Civil Code, 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 party.

The Civil Code came into force on January 1, 2021).

At the time of divorce, the following property is personal property:

1. Before the marriage registration, the salaries, bonuses, remuneration for labor services, income, and donated property obtained by the parties respectively;

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

3. The two parties shall agree in writing on other property owned by the individual.

[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 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) the proceeds of intellectual property rights;

(4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law;

(5) Other property that shall be jointly owned.

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

The 1,000th zero leak is erected 63 articles.

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 party.

Legal analysis: The personal property of divorced couples includes: 1. Personal property owned before marriage, such as salary, bonuses and other legal income; 2. Compensation or compensation obtained by one party due to personal injury; 3. The property that is determined to belong to only one party in the will or gift contract; 4. Daily necessities for one party.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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.

Personal property at the time of divorce refers to the pre-marital property of one of the spouses; Property that is determined in a will or gift contract to belong to only one of the husband or wife; Medical expenses, living allowances for the disabled, compensation and other expenses received by one party due to bodily injury; daily necessities for one party; Accounts receivable and other property that should be owned by one party.

Legal basis] Article 1063 of the Civil Code.

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 Changru property that should belong to one party.

Legal analysis: According to the provisions of China's civil law, personal property refers to: the premarital property of one party; compensation or compensation received by a party for personal injury; Property that is determined in a will or gift contract to belong to only one party; daily necessities for one party; Other property that should belong to one party.

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) the proceeds of intellectual property rights;

(4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law;

(5) Other property that shall be jointly owned.

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

Article 1063 The following property shall be the personal property of one of the husband and wife:

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 party.

1. Compensation or compensation obtained by one party for personal injury;

2. Daily necessities for one party;

3. Personal property before marriage, such as salary, bonuses and other legal income;

4. The will or gift contract determines that only one party is entitled to the property.

[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 party.

In any of the following circumstances, it is the property 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 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 party.

According to Article 1063 of the Civil Code of the People's Republic of China, 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) A special daily necessities for the search party;

(5) Other property that shall belong to one party.

At the time of divorce, the following property is the joint property of the husband and wife:

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

1) Wages and bonuses;

2) the income from production and operation;

(3) the proceeds of 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 should be co-owned by Angelica.

Husband and wife have equal rights to dispose of jointly owned property.

Article 19 stipulates that husband and wife may agree that the property acquired during the existence of the marital chain relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing.