How long does it take to get married and have property shared?

After the amendment of the Marriage Law, there is no time limit. To put it simply, pre-marital property is always considered personal property after marriage, not joint property of the husband and wife. Property acquired after marriage is considered to be the joint property of the husband and wife.

Article 19 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, which came into effect on December 27, 2001, stipulates that: "The property owned by one of the spouses as stipulated in Article 18 of the Marriage Law shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. ”

In the case of a previous marriage, the second floor applies to the "property owned by one party before marriage, which is jointly used, operated and managed by both parties after marriage, and the house and other means of production of greater value have passed for 8 years, and the valuable means of subsistence have passed for 4 years, which can be regarded as the joint property of the husband and wife." ”

Finally, unless otherwise agreed by the husband and wife.

The date on which the marriage is registered shall prevail.

The previous pre-marital personal property is always personal and will not become joint property unless the parties have agreed to do so.

After that, there is the joint property of the husband and wife.

The four-year argument is that the previous marriage law has no such provision in the current marriage law.

You may be asking how long it takes for one of the marital assets to be converted into marital property. The current marriage law clearly stipulates that pre-marital property is personal property, regardless of the number of years. As for the property acquired after marriage, except for the property specified by the will or gift to one party, it is the joint property of the husband and wife.

If it is agreed that the upstairs property is not registered or certified before marriage, the property will be shared on the date of registration, but the **property**property shall be removed, and the **property shall not be shared as the joint property of the marriage, and the property shall belong to whoever is in the account.

Legal analysis: As long as it is acquired during the existence of the marital relationship, most of it belongs to the joint property of the husband and wife, unless it is expressly agreed that one party owns it.

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 shall be jointly owned by the husband and wife

1) Wages, bonuses, and labor service remuneration;

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.

Legal analysis: From the date when the parties register their marriage and obtain the marriage certificate, joint property arises, and the husband and wife have equal rights to dispose of the joint property. There are the following categories of marital property:

1. Wages, bonuses, and labor remuneration;

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.

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

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1062 The following property acquired by husband and wife during the existence of their 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.

Joint property arises from the date on which the parties register their marriage and obtain a marriage certificate, and the husband and wife have equal rights to dispose of the joint property. There are the following categories of joint property between husband and wife:

1. Wages, bonuses, and labor remuneration;

2. Income from production, operation and investment;

3. The income of the intellectual property rights of Qing's elders;

4. Inherited or donated property, except where the provisions of Item 3 of Article 1063 of this Law are upgraded;

5. Other property that shall be jointly owned.

If there is no special agreement, as long as the income obtained by both parties from the existence of a legal marriage relationship between the two parties begins, it belongs to the joint property of the husband and wife. The joint property of the husband and wife includes: wages, bonuses, and remuneration for labor services during the existence of the husband and wife relationship; income from production, operation, investment, etc.

The personal property of one party includes: the pre-marital property of one party; Compensation or compensation received by one party for personal injury.

[Legal basis].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) income from intellectual property rights;

4) Property donated by inheritors or omissions, 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 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.

How long after the husband and wife know the grandchild's marriage, the property has nothing to do with whether it is considered joint property. The determination of the joint property of the husband and wife is related to the agreement of the parties and the provisions of the law. That is, the wages, bonuses, remuneration for labor services and other property obtained by the husband and wife during the existence of the marital relationship are the joint property of the husband and wife and belong to the husband and wife.

In addition, the parties may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly.

[Legal basis].Article 1065 of the Civil Code of the People's Republic of China.

The man and the 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 writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

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.

If there is no special agreement, as long as the marriage is registered, the income obtained during the marriage relationship will belong to the joint property of the husband and wife. The joint property of the husband and wife includes: wages, bonuses, and remuneration for labor services during the existence of the husband and wife relationship; income from production, economic and investment shortages; proceeds from intellectual property rights; Inherited or donated property without stating that it is owned by one party; Other.

[Legal basis].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) 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 financial and financial assets that should be jointly owned.

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

Article 1063.

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.

The income obtained after obtaining the certificate is the joint property. The joint property of husband and wife refers to the property jointly owned by the husband and wife during the existence of the husband and wife relationship, which is regulated by the Civil Code of China. The 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.

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.

1. What is included in the common property?

1. Salary and bonus.

2. Income from production and operation.

3. Income from intellectual property rights;

"Proceeds from intellectual property rights" refers to property gains actually obtained or expressly available during the existence of the marital relationship.

4. Property obtained by inheritance or gift.

Except for property that is determined in a will or gift contract to belong to only one of the husband or wife. After the parties get married, where the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express that the gift is made to one of the parties.

5. Other property that shall be jointly owned. "Other property that shall be jointly owned", including:

the income obtained by one party from the investment of personal property;

Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

Pension insurance premiums and bankruptcy resettlement compensation that both men and women actually obtain or should obtain.

Joint claims obtained by husband and wife.

6. Separately managed and used property.

The property acquired after marriage that is managed and used separately by the husband and wife in two separate places shall be recognized as the joint property of the husband and wife; When dividing, the principle is to keep the original state, and when the value is different, it is necessary to make up the difference. However, if there is an agreement between the parties, the agreement is followed.

7. Partial demobilization expenses and transfer expenses for military personnel.

Where one-time expenses such as demobilization allowances and self-employment expenses are divided and distributed to military personnel, the number of years of marital relationship between the husband and wife is multiplied by the annual average, and the amount obtained is the pure property of the husband and wife. "Annual average" means the amount of the total amount of the above-mentioned expenses to be paid to the military personnel on an average basis over a specific number of years. The specific length of service is the difference between the average life expectancy of 70 years and the actual age of the military at the time of enlistment.

8. Gift money. If the marriage has been registered, but the court has not yet lived together, the gift money or gifts received by one or both parties shall be recognized as the joint property of the husband and wife, and the specific handling shall take into account the reasonable division of the property**, quantity, and other circumstances. In principle, the property purchased and used by each party shall belong to each of them.

9. Property that is unclear or cannot be verified.

Where the husband and wife have an unclear agreement on the property acquired during the existence of the marital relationship, it shall be deemed to be jointly owned by the husband and wife; Where it is difficult to ascertain the nature of the ownership of the property, the party asserting the right has the responsibility to present evidence, and if it is unable to do so, it shall be handled as the joint property of the husband and wife.