When a couple gets married, is the land allocated by the family a joint property?

It is necessary to distinguish between specific circumstances, whether it is a separate gift from the parents to one party, and the separate gift is not joint property; Otherwise, it is common property. As to whether there is any other agreement on the land, there is an agreement from the agreement.

The relevant legal basis is that there are usually two ways for husband and wife to divorce and divide property, one is that the two parties negotiate, reach an agreement, and sign the relevant agreement. The other is that the negotiation is not good, and the lawsuit is brought to the court for judgment. In general, the joint property is half for one person.

China's current laws stipulate that 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 acquired by inheritance or donation, except as provided for in item 3 of Article 1063 of this Law; (5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property. In any of the following circumstances, it is the property of one of the husband and wife: (1) the premarital property of one party; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side 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) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.

Article 1087 of the Civil Code provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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.

Article 1088:Where one of the husband and wife bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The land allocated by the family after the marriage is the joint property, which is also the joint property of your marriage.

Belong. According to Article 22 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application.

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.

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.

In China, land is publicly owned, not privately owned, and individuals only have the right to use it, not marital property.

In China's land policy, land is only collectively owned and state-owned. At the same time, three rights are granted to land: ownership, contracting rights, and management rights.

Ownership belongs to the state or collective, and peasants only have the right to contract and operate. Since about 1983, the land has not been redistributed. Regardless of birth, old age, sickness and death, or marriage or funeral, the number of land contracts contracted by families will not change, nor will they increase or decrease.

Therefore, after the husband and wife get married, the ownership of the land still belongs to the state or the collective, but the income generated from the operation of the land belongs to the joint property of the husband and wife.

After the husband and wife get married, the land allocated by the family does not belong to the joint property, the land is owned by the state, and each person only has the right to operate, not personal property.

After the husband and wife get married, the land allocated by the family belongs to the joint property of both parties and should be jointly disposed of by the husband and wife.

If the land is divided as a family unit, then it is joint property, and if it is divided among a person, then it is not joint property. Therefore, it needs to be determined on a case-by-case basis.

It can belong, as long as the land is in the name of the husband and wife, then he is the joint property of the husband and wife. But if the land is in someone else's name, it can't be counted.

It depends on when the family's land was divided. Yes, if you have this land before you get married, or if you have this land before you get married, then you don't have the other party's share, it's not joint property, and if it's the land that you divide after marriage, it's joint property.

After the husband and wife get married, the land allocated to the original family is the pre-marital property of one of the husband and wife, and does not belong to the joint property of the husband and wife.

The land is divided according to the capitation, and if you meet the conditions, you will have a share of the land after marriage, and if you meet the conditions, you should have a share, and the land is the right to use, so the land is not a common property.

It is not part of the joint property. Land is distributed according to the individual, and everyone has their own land.

The land divided by the family only has the right to use, not the right to own. Fundamentally, there is no such thing as common property.

There is only the right to use land, and after the husband and wife get married, they can only have the right to distribute the land when the household registration comes over.

So everyone has separate arable land.

The land belongs to the state and can no longer be.

Analysis of the law of law: It is not a joint property. Marriage does not mean that the parties are the owners or users of the property or land.

The acquisition of land distribution is a continuation of the land contracted by one party before the marriage, and can only be obtained by the surplus of persons who are members of the collective organization of the village. It should not be the joint property of the husband and wife, and the distribution of land shall be exclusive to the person and shall be owned by one of the husband and wife.

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 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 be destroyed and owned by one party.

Land prior to marriage is not part of the marital property. Land acquired before marriage is personal property before marriage and cannot be counted as joint property after marriage. Whether the property is personal or joint property is determined according to the specific information about the property of both of you, and in general, the following property is personal property:

1. Property acquired by one party before marriage;

2. Medical expenses, living allowances for the disabled, and other expenses received by one party due to physical injury;

3. The property is obtained through a will or gift contract, and the property determined in the will or contract belongs to only one of the husband and wife;

4. Daily necessities for one party;

5. Other property that should belong to one party.

The following property is the joint property of the husband and wife:

1. Wages and bonuses of both husband and wife after marriage;

2. The income of production and operation of one or both parties after marriage;

3. Income from intellectual property rights;

4. Property obtained by inheritance or donation, except as expressly provided by law;

5. Other property that shall be jointly owned.

Generally speaking, personal property is owned by the individual, and the joint property of the husband and wife is divided equally between the husband and wife, but you can also enter into a property agreement to stipulate the ownership and division of the property, and when the property is to be divided later, it will be handled in accordance with your agreement.

1. What is the right to dispose of the joint property of the husband and wife?

Husbands and wives have equal rights and duties over joint property and equal ownership of joint property. The joint property of the husband and wife is considered to be jointly owned. Husband and wife enjoy rights and obligations in part of all joint property, and equally enjoy the rights to possess, use, benefit and dispose of.

Among them, the right of disposition is one of the important powers in ownership, which is directly related to the vital property interests of the parties. To this end, the specific contents include:

Equal right of processing.

Either party has the right to decide on the disposition of the joint property of the husband and wife for the needs of daily life.

Negotiate on an equal footing and reach a consensus.

Where husband and wife make important decisions on the disposition of joint property other than for the needs of their daily lives, the husband and wife shall negotiate on an equal footing and reach a consensus. Where one of the husband and wife makes a major disposition decision without the consent of the other party, the other party has the right to deny the legal effect of the disposition. However, if the third party has reason to believe that the disposition is an expression of the common intention of the husband and wife, the other party shall not oppose the bona fide third party on the grounds of disagreement or ignorance.

Assume certain obligations.

The expenses of family living shall be paid by the joint property, and if they are insufficient, they shall be shared by the personal property of the husband or the wife of the wife. Debts incurred by the husband and wife for living together or for the purpose of fulfilling the maintenance obligation shall be paid off by the joint property; If it is insufficient, the personal property shall be jointly and severally liable.

1. If the husband and wife have an agreement on the division of property, the division shall be carried out in accordance with the agreement of both parties;

2. If there is no agreement, the negotiation can be divided by both parties through negotiation, and the negotiation must be agreed upon at this time;

3. If no consensus can be reached through consultation, a lawsuit may be filed with the court in accordance with the law, and the court will divide the joint property according to the actual situation. In this case, the court will make a decision based on the principle of taking care of the rights and interests of the child, the woman and the innocent party.

Disputes such as marital contract property disputes, post-divorce property disputes, marital property agreement disputes, and disputes over separation of family and property are marital and family disputes, and the exclusive jurisdiction of real estate is not applicable, and the competent court is to be determined in accordance with the defendant's domicile.

Legal basisArticle 1046 of the Civil Code of the People's Republic of China.

Marriage shall be completely voluntary between the man and the woman, and neither party shall be allowed to coerce the other, and it shall be forbidden for any organization or individual to interfere with it.

Article 1047.

The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048.

Marriage is prohibited between lineal blood relatives or collateral blood relatives within three generations.

Article 1049.

A man and a woman who request a marriage with a model shall apply for marriage registration in person at the marriage registration office. 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. If the marriage registration has not been completed, the registration shall be completed in the first place.

Article 1000.

After the marriage is registered, the woman may become a member of the man's family and the man may become a member of the woman's family according to the agreement between the man and the woman.

The joint property of the husband and wife also includes bonuses, remuneration for labor services, income from production, operation, investment, and other property that should be jointly owned by the husband and wife during the existence of the marital relationship, and the husband and wife have equal rights to dispose of the joint property of the husband and wife.

[Legal Concealment and Cautionary 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 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:

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.