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The basic finances obtained during the existence of the marital relationship belong to the joint property of the husband and wife, such as the RV, and the other is the provident fund and social security paid during the marriage, and the savings in the personal account, both of which belong to the joint property of the husband and wife.
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What is Divorce Separation? Sometimes it is true that there is a divorce after the separation of property, but most of them still talk about the division of property in the divorce. The property divided in the divorce refers to the joint property of the husband and wife, and the personal property is not disposed of.
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Legal Analysis: Joint property of husband and wife refers to the property acquired during the existence of the relationship between husband and wife and should be jointly owned by the husband and wife. If it is before marriage, it is owned by the individual, no matter how long the two people have lived together, once they divorce, it is still owned by the individual, and it will not automatically become the joint property of the husband and wife.
For example: salary, bonuses, subsidies, allowances, etc.; For example, property purchased, purchased, and built after marriage; For example, intellectual property income such as remuneration and fees; For example, income from production and operation. Legal basis:
Article 1076 of the Civil Code of the People's Republic of China 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support.
The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Legal analysis: 1. Production and operation income. 2. Salary and bonus.
3. Intellectual property income. 4. Property obtained by inheritance or gift, except in the case where it has been stipulated in the will or gift contract that only one party will be vested. 5. The income obtained by one of the spouses from the investment of personal property.
6. Housing subsidy and housing provident fund for both parties. 7. The pension insurance compensation and settlement compensation of both parties belong to 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 a husband and wife during the existence of a 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) income from intellectual property rights, and 4) inherited or donated property, except as provided for in item 3 of Article 1063 of this Law, and 5) property that shall be jointly owned by the husband and wife.
Husband and wife have equal rights to dispose of joint property.
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The following property acquired by the 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 for property that is determined in the will or gift contract to belong to only one of the husband or wife; (5) Other property that shall be jointly owned.
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: (Shi Que 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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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.
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1.The following property is the joint property of the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of intellectual property rights;
2.The following property is the property of one of the spouses: (1) the pre-marital property of one of the spouses; (2) Medical 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.
Legal basis] Article 1063 of the Civil Code of the People's Republic of China stipulates that the following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (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.
Article 1062 of the Civil Code of the People's Republic of China stipulates that the following property acquired by a husband and wife during the existence of a 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) 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.
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The joint property of the divorced couple includes the following:
1) Income from labor and property acquired by one or both parties during the marriage;
2) Property inherited or donated by one or both parties during the existence of the marital relationship;
3) the economic benefits obtained by one or both parties from intellectual property rights during the existence of the marital relationship;
4) The income of one or both parties engaged in production and business activities such as contracting and leasing during the existence of the marital relationship;
5) Creditor's rights obtained by one or both parties during the existence of the marital relationship;
6) During the period of pure and high continuation of the marital relationship, one or both of them shall be lawfully gained.
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The joint property of the divorced couple includes the following:
1) Income from labor and property acquired by one or both parties during the marriage;
2) Property inherited or donated by one or both parties during the existence of the marital relationship;
3) the economic benefits obtained by one or both parties from intellectual property rights during the existence of the marital relationship;
4) The income of one or both parties engaged in production and business activities such as contracting and leasing during the existence of the marital relationship;
5) Creditor's rights obtained by one or both parties during the existence of the marital relationship;
6) Other lawful gains of one or both parties during the existence of the marital relationship.
There are legal provisions.
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It is said that it is joint property, it must be divided equally, if it is those real estate and the like, it can be valued and calculated, for example, there is a house at home, which is worth 1 million, then if one party wants it, it can be given to the other party 500,000, and the rest of the property can also be divided according to this division. The most important aspect of this type of segmentation is the average. >>>More
Today I will share with you the problem of how to check the transfer of property in divorce. In divorce cases, according to the principle of who asserts and who bears the burden of proof, if one of the spouses claims that the other party has maliciously transferred, hidden, damaged or sold the joint property, the husband and wife shall provide the court with corresponding evidence; If the other party does not cooperate, it may apply to the court to collect relevant evidence, but relevant clues should be provided, such as the other party's ID number, bank, real estate address, etc. (1) Pay attention to the status of family property and prevent the other party from transferring funds in the name of "honoring parents" or "foreign investment"; Pay attention to equity investments held in the name of one of the spouses, insurance policies, etc. >>>More
In the case of divorce by litigation, the joint property of the husband and wife shall be divided in accordance with the manner and share specified in the judgment after the divorce, and in the case of divorce by agreement, it shall be divided in accordance with the agreement in the divorce agreement. If it is undivided property, it shall first be divided by agreement between the husband and wife, and if the negotiation fails, a lawsuit may be filed with the people's court, and the people's court shall make a judgment. >>>More
To put it simply, it means that pre-marital property is personal property, and post-marital property is joint property! If you go to a notary public for notarization after marriage, then it is also your personal property, it's as simple as that.