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Article 17 of the Marriage Law stipulates the scope of property that should be jointly owned by the husband and wife during the existence of the marital relationship, 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 wages and bonus income of one or both parties during the existence of the marital relationship, as well as various welfare policy income and subsidies; (2) The income from production and operation refers to the income from production and operation of one or both spouses during the existence of the relationship between husband and wife; (3) The income from intellectual property rights refers to the income from 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 acquired by one or both parties as a result of inheriting the inheritance and accepting the gift 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 shall be jointly owned. Article 18 stipulates the scope of property that should be the property of one of the spouses. That is, in any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties; (2) Medical expenses, living allowances for the disabled, and other expenses received by one party due to 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 one party; (5) Other property that shall belong to one party.
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According to the regulations, the income of one party during the marriage is indeed joint property, and if there is a divorce, it must be divided equally. But the key is that the deposit is not real estate, if it is not opened in the woman's own name, or how to divide the deposit before the divorce is spent, transferred, etc.? Since there is no contact, it is difficult for the man to grasp the specific situation of the woman's deposit.
It is very troublesome to apply to the court for pre-divorce property preservation, let alone in other places.
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Count, the money earned during the existence of the husband and wife must be common.
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It's not easy to form a family! There will be bread with milk, because the material life cannot be satisfied, and most of the divorces will regret it. If you really want to get a divorce, just find a street, a neighborhood committee, or something, and they will tell you that you can't forget it!
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If there is no property justice before marriage.
In the case of divorce, it is generally joint property
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Property of the couple after marriage.
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Community property refers to the property jointly owned or acquired by the husband and wife during the existence of the marital relationship. That is, from the date of conclusion of the legal marriage to the date of the death of one of the spouses or the effective date of the divorce, unless agreed by both parties, it shall be the joint property of the husband and wife. It includes both the property acquired by the husband and wife through labor and other legal property that is not earned by labor.
Where property inherited or donated by one party during the marriage is not expressly stated to be owned by one party, it shall be the joint property of both parties.
[Legal basis].Civil Code of the People's Republic of China 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.
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1. What is considered the joint property of husband and wife?
1. The following property is considered to be the joint property of the husband and wife:
1) Salary and bonus;
2) income from production and operation;
3) income from intellectual property rights;
4) Property acquired by inheritance or gift;
5) the increase in value of personal property after marriage;
6) The fruits of the marital property of the husband and wife shall be the joint property of the husband and wife;
7) Bonuses or prizes received by the husband or wife due to accidental winnings.
2. Legal basis: Article 1062 of the Civil Code.
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) income from intellectual property rights;
4) Inherited or donated property, except where the royal key is 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. Can parents give all their property to one child?
1. If the parents divorce and the parents divide the joint property acquired during the existence of the marital relationship, it has nothing to do with the children, and the children have no right to obtain the joint property during the existence of the parents' marital relationship;
2. The relationship between parents and children is not eliminated by the divorce of parents or the change of marital relationship, even if the parents divorce and even if the parents remarry, the parents are still the parents of the children, and the rights and obligations of both parties will never change. The two parties have the right to inherit the property of the relict town from each other.
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Legal analysis: 1. The subject of the joint property of husband and wife is the husband and wife who have a marital relationship, and the men and women who have not formed a marital relationship, such as unmarried cohabitation, extramarital cohabitation, etc., as well as the husband and woman whose marriage is invalid or annulled, cannot become the subject of the joint property of the husband and wife. 2.
The joint property of the husband and wife is the property acquired during the existence of the marital relationship, and the property before the marriage is not the joint property of the husband and wife. The duration of the marriage relationship shall be from the date of conclusion of the legal marriage to the date of the death of one of the spouses or the effective date of the divorce. 3.
The joint property of the husband and wife is the property obtained by both husband and wife or one party, including the property obtained by the husband and wife through labor, as well as other legal property obtained by non-labor income, of course, except for the property directly stipulated by law as personal property and the property agreed by the husband and wife as personal property.
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 marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, awards, 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 Article 1063, Paragraph 3 of the Bennacha Law, and 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 belonging to the husband and wife is as follows:
1. Wages, bonuses, and labor remuneration;
2. Income from production, operation and investment;
3) income from intellectual property rights;
4. Inherited or donated property;
(5) Other property that shall be jointly owned.
The man and the woman may agree that the property acquired during the marriage, as well as the property acquired before the marriage, shall be owned separately or jointly or partly separately and partly jointly. The agreement between the husband and wife on the property acquired during the existence of the marriage relationship and the property before the marriage is legally binding on both parties. During the existence of the marital relationship, in any of the following circumstances, one of the husband and wife may request the people's court to divide the joint property:
1. One party has hidden, transferred, sold, damaged, or squandered the joint property of the husband and wife, or forged the joint debts of the husband and wife, and other acts that seriously damage the interests of the joint property of the husband and wife;
2. The person who has the legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.
Legal basis] Civil Code of the People's Republic of China
Article 1062:The following property acquired by a husband and wife during the period of 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) 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.
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The joint property of husband and wife mainly refers to the following property acquired during the existence of the marital relationship: 1. Salary, bonus, and remuneration for labor services; 2. Income from production, operation and investment; 3) income from intellectual property rights; 4. Inherited or donated property, except where it is expressly stated to belong to one party; (5) Other property that shall be jointly owned. The soldiers' first-class insurance money, disability allowance, and medical and annual medicine living allowance are personal property.
[Legal basis].Civil Code of the People's Republic of China 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.
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Legal analysis: The following property acquired during the existence of the marital relationship belongs to the joint property of the husband and wife: 1. Salary, bonus, labor remuneration; 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.
Legal basis] Civil Code of the People's Republic of China
Article 1062: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) 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.
Article 1065:A man and a woman may make an agreement that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of Article 1062 and Article 1063 of this Law apply.
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The joint property of the husband and wife must be the property created by the husband and wife together, and the property purchased after the marriage of the husband and wife is the joint property of the husband and wife, and the property purchased by the husband and wife before marriage can be notarized before marriage.
The joint property of husband and wife refers to the property acquired by one or both parties during the existence of the marital relationship and provided for in the Civil Code of the People's Republic of China, which is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property. >>>More
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. >>>More
According to article 17 of the Marriage Law, the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife: >>>More
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