Community Property Disputes 30, Community Property Disputes

There are legal provisions.

Co-ownership of property refers to a form of property right in which the same property belongs to two or more legal subjects. According to the General Principles of the Civil Law, it can take two forms: co-ownership and co-ownership.

"Co-ownership by shares" refers to the co-ownership of two or more legal entities that enjoy rights and assume obligations in respect of the same property according to their shares. There is a clear division of shares in this form. Co-owners have rights and obligations only with respect to the common property that belongs to their share.

Co-ownership means that two or more legal subjects jointly enjoy the ownership of the same property based on a certain legal relationship. This form of co-ownership is shareless. As long as the co-ownership relationship exists, it is not possible to determine how much of the share any co-owner has.

The respective shares of the co-owners can be determined only when the warhead of the co-ownership relationship has stopped. Co-owners have common rights and obligations to the common property. Where, during the existence of a co-ownership relationship, some of the co-owners dispose of the co-ownership property without authorization, it is generally found to be invalid.

The main basis for the emergence of joint ownership is the relationship between husband and wife and blood relationship, and its main manifestations are joint ownership by husband and wife and joint ownership by family members.

1. The law does stipulate that the co-owners of the property shall not transfer the property without the consent of the other co-owners of the property, otherwise the act shall be invalid.

2. However, in order to protect the interests of a bona fide third party, the law also stipulates that a bona fide third party shall recognize the validity of the sale and purchase agreement without the knowledge of the bona fide third party when purchasing the common property.

3. If the name of the owner of the Internet café is only Peng, then Peng's act of transferring the Internet café at a low price is valid, because there is no legal defect in the business license, and the purchaser has reason to believe that the Internet café is Peng's personal property.

4. However, Peng sold the Internet café without permission, and Wu can ask him to compensate for the loss, but this request must be based on divorce or an agreement between the husband and wife to have their own property, otherwise even if he wins the lawsuit, he will not get the money.

5. If there are different opinions above, mine shall prevail.

I think you should know all the legal provisions, I will tell you the result, if the above is true, then the formal resale procedures must be signed by the husband and wife, if you are not there, unless there is a power of attorney signed by you. Otherwise, it cannot be resold.

How can such a thing be delayed, hurry up to the law firm to find a lawyer.

If the man pays the bride price to the woman in accordance with local customs before the marriage is registered, it is the woman's premarital personal property, and the man has no right to possess, use, benefit, dispose of, or other rights. After marriage, if the husband and wife divorce due to the breakdown of their relationship, the woman may request the man to return the woman's pre-marital personal property. If, after the marriage is registered, the bride price is paid to the woman in accordance with local customs, it is the joint property of the husband and wife, and one of the spouses has the right to possess, use, benefit and dispose of it.

However, if the woman has any of the following circumstances, and the man requests the return of the bride price paid in accordance with custom, the woman shall return the bride price:

1. The two parties have not gone through the marriage registration formalities;

2. The parties have gone through the marriage registration formalities but do not live together;

3. Premarital payment and causing difficulties in the payor's life.

Civil Code of the People's Republic of China (Law).

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 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 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 to belong to only one party in a will or gift contract;

4) Daily necessities for the exclusive use of one side; Roll shouting.

5) Other property that shall belong to one side.

Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (I) (Fa Shi 2020 No. 22).

Article 5: Where parties request the return of bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:

1) The parties have not gone through the marriage registration formalities;

2) The parties have gone through marriage registration formalities but do not live together;

3) Premarital payments that cause hardship to the payor.

The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

Provisions on the determination of joint property of husband and wife: The following property acquired by husband and wife during the existence of marital relationship shall be the joint property of husband and wife and shall be jointly owned by husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) the 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 basis] Article 1062 of the Civil Reform Only Code provides that the following property acquired by 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.

Community property refers to the property acquired by the spouses during the marriage.

According to Article 17 of the Marriage Law of the People's Republic of China and the provisions of Interpretation II of the Marriage Law, the joint property of husband and wife mainly includes:

1.salaries, bonuses;

2.income from production and operation;

3.proceeds from intellectual property rights;

4.Property derived from inheritance or gift, but excluding gifts or inheritances that are expressly attributable to one of the spouses only;

If the income from the investment is obtained during the existence of the marital relationship, the profits derived from the operation of the company or enterprise, such as equity dividends, shall be recognized as the joint property of the husband and wife.

As long as it is the joint property of the husband and wife after marriage, including movable property, real estate, valuable**, provident fund of both parties, bank deposits, etc., it belongs to the joint property of the husband and wife.

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.

It is the joint property of the husband and wife.

The inheritance is joint property, unless your grandfather specifically gave it to you.

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.

"Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife. The so-called period 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.

Article 17 of the Marriage Law stipulates the scope of property acquired by husband and wife during the existence of the marital relationship and which shall be jointly owned by the husband and wife, that is, 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 refer to the salaries, bonus incomes and various welfare policy income and subsidies of one or both parties during the existence of the husband and wife relationship;

2) Income from production and business operation refers to the income from production and business operation of one or both husband and wife during the existence of the husband and wife relationship;

3) The income of intellectual property rights refers to the income of intellectual property rights owned by one or both spouses during the existence of the marital relationship;

4) Property obtained by inheritance or gift refers to the property obtained by one or both parties as a result of inheritance and acceptance of gifts during the existence of the marital relationship. In the case of inheritance income, it refers to the acquisition of property rights, not the actual possession of property. Even if the marriage is not actually in possession before the termination of the marital relationship, as long as the inheritance occurs during the existence of the marital relationship, the inherited property is also the joint property of the husband and wife, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that should be jointly owned.

6) Housing subsidies and housing provident funds actually obtained or should be obtained by both parties.

7) The endowment insurance money and bankruptcy settlement compensation actually obtained or should be obtained by both parties.

8) The part of the marital relationship that should be shared by the husband and wife during the existence of the marital relationship, such as demobilization allowance and self-employment allowance paid to the name of the soldier.

You can take a look at the provisions of Interpretation 3 of the Marriage Law, which have provisions on the ownership of houses. First of all, in response to the purchase of a house by your parents, Article 7: "If the immovable property purchased by one of the parents for the children after marriage is registered in the name of the funder's children, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses."

Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties. "There is also a provision in the Marriage Act that property gifted to a child by a parent before marriage is personal property. Therefore, both the new house and the old house belong to the woman.

The law does not clearly stipulate the tens of thousands of yuan you paid for the renovation fee, but you can sue and try to see if you can get it back, after all, the judge still has discretion in this regard. Secondly, the law stipulates that the real estate donated by the parents to the children after marriage is regarded as the joint property of the husband and wife, unless the parents clearly indicate that the gift is given to one party, although the car was bought after marriage, but it is registered in the woman's name, that is, it has the effect of publicity, although the parents have not clearly stated it, but have already indicated it through actual actions, so it is the woman's personal property. Finally, in response to the question of your salary, there is a signature but it is not paid?

If the company wants to sue the company, according to the labor law, it will be arbitrated first and then sue. If you really want to sue, it is recommended to have a lawyer, but you can't do it yourself.

Personally, I think the house belongs to the woman. The car was bought by the woman's parents after her marriage, and if it was not explicitly gifted to the woman, it should belong to the joint property of the husband and wife.

If the house is bought before the marriage, and the house is bought after the marriage, if the real estate certificate only has the woman's name, it does not belong to the joint property of the husband and wife during the marriage period. The car was given to the daughter by the woman's parents and was not part of the joint property of the husband and wife.

The previous house was the woman's personal property, and the house was later sold and realized, and it still belonged to the woman.

Therefore, it is advisable to consider the purchase of a house again as the woman's personal property.

If the vehicle is generally registered with the woman, it should be recognized as the woman's personal property.

The time of buying a second house, which involves the application of Interpretation 3 of the Marriage Law. If you bought it before August 13, 2011, you will have more trouble in proving that you want to make it a private house. You have to prove that the money from the sale of the first house was indeed used to buy a second house, and if your parents paid for it, it is equivalent to giving it to your husband and wife as joint property.

If it is bought later, it is difficult for the man to provide evidence, and it is easy to turn it into personal property.

The car is jointly owned by husband and wife, which is considered a gift from your parents, and its registration in your name is not an express gift to you.

If the man signs every month and wants to get his salary back, it is too difficult for him to prove it, and it is not easy for him to get his salary back.

1. According to the law, the ownership of the real estate is subject to the registration register, and the house belongs to the joint property of the husband and wife according to the registration record of the real estate certificate;

2. The will of one of the husband and wife can only dispose of the part of the property that belongs to him, and the disposition of the other part is not protected by law. Therefore, the woman's rights and interests will not be changed by the husband's testamentary acts.