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Joint property of husband and wife means that after the marriage relationship is concluded, the legal income of one or both parties, such as the salaries, bonuses and production and business income of both husband and wife, belong to the joint property of the husband and wife. So, what else is part of the marital property? The following is a legal network to answer your questions about how to count as joint property of husband and wife, I hope it will be helpful to you.
1. What is considered joint property of husband and wife?
The joint property of husband and wife mainly refers to the legal income of one or both parties during the existence of the marital relationship, as well as the property and property rights converted from the income. The period of existence of the marital relationship is from the date of registration of the marriage to the date of registration of the divorce or the entry into force of the divorce judgment.
Specific should include:
1. The salary and bonus of both husband and wife;
2. Production and operational income;
3. Income from intellectual property rights: refers to the property income actually obtained or clearly available during the existence of the marital relationship;
4. Property obtained from inheritance or acceptance of gifts;
5. In the case of one-time expenses such as demobilization allowance and self-employment allowance in the name of a soldier, the income shall be multiplied by the average annual income of the number of years of marital relationship between the husband and wife;
6. The income obtained by one party from the investment of personal property;
7. Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;
8. The pension insurance money and bankruptcy settlement compensation that both men and women actually obtain or should obtain.
2. What are the legal circumstances that do not belong to the joint property of husband and wife?
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. Pre-marital property of one party.
2. Medical expenses, living allowances for the disabled, and other expenses received by one party due to physical injury.
3. The property that is determined in the will or gift contract to belong to only one of the husband or wife. Where before the parties get married, the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express that the gift is made to both parties.
4. Daily necessities for one party.
5. Other property that should belong to one party.
Other property that should belong to one party shall include:
1) Property dedicated to one of the spouses engaged in occupation, work, amateur study, interests, hobbies, etc.;
2) Soldiers' insurance premiums, disability allowances, and medical living allowances;
3) Subsidies, personal insurance premiums, medical expenses, disability expenses, health care expenses, etc. of a personal nature;
4) Honorary prizes, medals, etc. obtained by one party in social contributions; The parties agreed to be personally owned property.
3. What is the principle of division of the joint property of the husband and wife?
1. The principle of equality between men and women. Article 8 of the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts stipulates that, in principle, the joint property of husband and wife shall be divided equally;
2. The principle of protecting the legitimate rights and interests of women and children;
3. The principle of taking care of the innocent party;
4. The principle of respecting the wishes of the parties. Where there is an agreement between the husband and wife, and the agreement is lawful, it is to be handled in accordance with the agreement. Where the agreement circumvents the law or is invalid, it is to be handled as joint property;
5. Conducive to production, convenient life and other principles.
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The so-called joint property of husband and wife, in the legal sense, actually mainly refers to the money earned jointly by both parties after receiving the marriage certificate, such as the sale of a joint partnership, the ** of a joint partnership, or a jointly operated shop, etc., which belong to the joint property, and if the house is bought after marriage, that is, after the marriage certificate is purchased, no matter whose name is written, it belongs to the joint property.
However, if there is a private agreement between the parties, the requirements of the law can be largely ignored, because the law stipulates that the spouses can deal with it themselves if they are in harmony.
Only when the husband and wife do not mediate on their own or when there is a conflict in self-mediation, the joint property of the law will be used, so the landlord suggests that you go to solve it privately with your husband, so as to save time and effort, and save you from having a bad mood, and at the same time will make your children suffer a little less sin!
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According to the Marriage Law, the property acquired by the husband and wife during the marriage relationship is the joint property of the husband and wife. The so-called period of marriage 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 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. Article 17 of the Marriage Law of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) 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 shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Legal basis: Article 17 of the Marriage Law of the People's Republic of China 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) 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 shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
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What is the scope of community property?
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The joint property of the husband and wife means that the husband and wife after the marriage of some assets purchased by the family or some of the funds obtained, etc., mainly because this part is difficult for everyone to get rid of who and whom after marriage, so it is counted as joint property.
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The income and assets of the husband and wife after marriage belong to the joint property, and the law does not distinguish who earns more and who less, and these are divided equally after divorce.
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The joint property of husband and wife refers to all articles added after marriage. and deposits as long as everything after the marriage is, the joint property of the husband and wife.
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The wealth that the spouses have accumulated together after marriage.
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If that's the case, it's to him! Believe that the law has its own justice! After marriage, all your finances belong to both of you, which is joint property.
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After marriage, during the period of existence, it is all joint property, and you will understand it at once.
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During the existence of the relationship between husband and wife.
I think there should be strong evidence of AA for this.
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It is joint property, whether more or less.
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It should be the true heart that loves each other!
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Legal analysis: Wages, bonuses, production income, inherited property, etc. obtained during the existence of the marital relationship are the joint property of the husband and wife.
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 marriage 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) Production, operation, and investment in the sedan car;
(3) the proceeds of intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 63 of Article 1000 of this Law;
(5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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Only the following circumstances are considered as joint property of husband and wife: the property of the husband and wife that has equal rights to dispose of the property obtained during the early existence of the marriage relationship is considered the joint property of the husband and wife, that is, it is within the scope of the joint property that meets the law, and does not belong to the legal personal property, mainly including wages, production and operation income, and inherited property during the marriage.
Legal basisArticle 1062 of the Civil Code.
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 income of Yuansui 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.
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Summary. Kiss! Hello <>
According to Article 1062 of the Civil Code implemented in 2021, the following property acquired during the existence of the marital relationship belongs to the joint property of 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. Property that is clearly stated to be jointly inherited or donated by the husband and wife; 5. Other property that shall be jointly owned.
What is considered joint property of husband and wife.
Pro-change chain dates! Hello <>
According to Article 1062 of the Civil Code implemented in 2021, the following property obtained during the existence of the marital relationship belongs to the joint property of 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. Property that is clearly stated to be jointly inherited or donated by the husband and wife; 5. Other property that shall be jointly owned.
Kiss! <>
Paragraph 1 of Article 1065 of the Civil Code stipulates that a man and a woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in plain oak writing. Where there is no agreement or the agreement is not clear, the provisions of Article 1062 of this Law and Article 1060 of the First Mountain are applicable.
Kiss! <>
At present, if there is marital property that needs to be clearly agreed upon, it still needs to be divided.
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According to the provisions of China's Civil Code, the joint property of a husband and wife usually includes the following contents: wages, bonuses, income from production and operation, income from intellectual property rights, property obtained by inheritance or gift, property with unclear agreement or cannot be verified, gift money, partial demobilization and transfer expenses for military personnel, property managed and used separately, and other property that should be jointly owned. All of the above are considered joint property between husband and wife.
Legal basisCivil 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) the proceeds of intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
Other property that should be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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Determination of joint property of husband and wife: The skillful subject of joint property of husband and wife: husband and wife with marital relationship; Community property refers to property acquired during marriage; The first property of the husband and wife is the property obtained by the husband and wife through labor; Husband and wife have equal ownership of joint property.
According to Article 1062 of the Civil Code implemented in 2021, 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 1063 of this Law;
(5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
1. Whether the rent of the house belongs to the joint property of the husband and wife.
The rent of the house is the joint property of the husband and wife. According to Article 10000 and Article 062 of the Civil Code of the People's Republic of China, which came into effect in 2021, 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 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 1063 of this Law; (5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
2. Is the resettlement house of the mother's family a post-marital property?
A resettlement house for the mother's family that is not registered in the names of both parties and has not used the joint property is not the joint property of the husband and wife. According to Article 1062 of the Civil Code implemented in 2021, 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 is jointly leased 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 1063 of this Law; (5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
Article 1062 of the Civil Code.
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 1063 of this Law;
(5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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