Is a marital passbook considered community property?

First, the display of legal provisions;

Marriage Law] is an enumerative legal provision on whether marital property is joint or individual property.

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: 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 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 side.

Second, taking into account various factors, discuss whether the household name is the woman's 110,000 passbook and whether it is the joint property of the husband and wife or personal property.

1) Opinions. It is the joint property of the husband and wife.

2) The analysis of the law is as follows.

During the existence of the marital relationship, the woman received a "passbook of 110,000 yuan in the name of the woman", which was obviously a gift from her father-in-law and mother-in-law.

1。After marriage, there is no written agreement between the husband and wife regarding the return of their respective property. Then it can be said that the money and property obtained after marriage are the joint property of the husband and wife.

The Marriage Act] provides for a written agreement on marital property.

Article 19: Husband and wife may agree 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 unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

2。Although the name of the household is the woman, it does not mean that the gift is in accordance with the third item of "Article 18 of the following circumstances, it is the property of one of the husband and wife, '3) the property of only one of the husband and wife in the will or gift contract".

Then it is still the joint property of the husband and wife under Article 17 of the Marriage Law.

3。During the marriage, did the wife's salary card show both names, or just the wife's? Isn't the salary on the salary card considered as joint property of the husband and wife? In the same way, the 110,000 passbook whose household name is the woman should also be the joint property of the husband and wife.

4。It is a folk custom or custom for parents to give money to their daughters, and daughters and sons-in-law have ownership.

Third, since it is the joint property of the husband and wife, if the divorce occurs, the husband can claim the general 110,000 yuan in the passbook.

This is a gift that has a clear object, that is, your wife, who is the daughter of her parents. So the money is her personal property.

Under normal circumstances, as long as the property acquired after marriage is the joint property of the husband and wife, including deposits, real estate, cars, **, etc.

As long as it is after marriage, it belongs to the joint property of the husband and wife. Including money. Furniture. House.

The property in the marital passbook that belongs to the period of the marriage is considered joint property.

Article 17 of the Marriage Law 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) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18 of the Marriage Law In any of the following circumstances, it shall be 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 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 side.

Note: If there is a part of the marital passbook that belongs to the property of one of the spouses, although it is deposited in the passbook after the marriage, it is also premarital property, so only the property during the marriage is considered joint property and should be divided according to the nature of the property.

Summary. Hello, I am happy to answer for you, the transfer of pre-marital property to the passbook after the marriage is not joint property.

Hello, I am happy to answer for you, the transfer of pre-marital property to the passbook after the marriage is not joint property.

First. If acquired during the marriage, it is the joint property of the husband and wife, and the pre-marital property passbook of one of the parties is personal property.

Second, personal deposits before marriage are not joint property after marriage, and the scope of joint property of husband and wife is limited to property acquired by one or both spouses after marriage.

Thirdly, the pre-marital property of one of the husband and wife is the personal property of one of the husband and wife, and it is not converted into the joint property of the husband and wife due to the continuation or transfer of the relationship before marriage.

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 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, and (4) inherited or donated property, except as provided for in paragraph 3 of Article 1063 of this Law, and (5) the property that shall be jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property. Article 1063: The following property is the personal property of one of the spouses: (1) the premarital property of one party, (2) compensation or compensation received by one party for personal injury, (3) property that is determined in the will or gift contract to be returned only to one party, (4) daily necessities for the exclusive use of one party, and (5) other property that should belong to one party.

It's not in one card, it's in three, if I open a new passbook and transfer it all together, and the passbook is done after marriage, will it become joint property?

This is possible, so you need to write an agreement that you can sign on both sides.

Is there any other way? All three cards are my own.

Or you can do a notarization of property.

And I only got the certificate today, and if I go to do it tomorrow, will it become joint property?

How to be fair? It is urgent for a lawyer to write a notarial deed and then sign it and submit it to the local notary office.

So troublesome. Is there no other way?

Yes, so it's more convenient to sign an agreement.

I can fix it for you if you want it.

The following property after marriage is not considered joint property: the pre-marital property of one of the spouses; compensation or compensation received by a party for personal injury; Property that is determined in a will or gift contract to belong to only one party; daily necessities for one party; Other property that shall be owned by one party in accordance with the law, such as bankruptcy settlement fees actually obtained or should be obtained by one party.

According to Article 106 of the Civil Code, which came into effect on January 1, 2021, the following property acquired by a 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; (Type 4 Rolling Xiang) 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 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 returned to one party.

Legal Analysis: Deposits after marriage belong to the joint property of the husband and wife. The post-marital deposit belongs to the income during the marriage and therefore belongs to the joint property of the husband and wife.

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

Article 1062 The following property acquired by a husband and wife during the existence of the marital period 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 the property that travels together.

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 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.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired 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 articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

1. Does the passbook of the joint property of the husband and wife also belong to it? The property in the marital passbook that belongs to the period of the marriage is considered joint property. Article 17 of the Marriage Law 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) the income from production and operation; 3) income from intellectual property rights; 4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; 5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property. Article 18 of the Marriage Law In any of the following circumstances, it shall be 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 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 side. Note: If there is a part of the marital passbook that belongs to the property of one of the spouses, although it is deposited in the passbook after the marriage, it is also premarital property, so only the property during the marriage is considered joint property and should be divided according to the nature of the property.

II. Property Characteristics First, it is agreed that the joint property of husband and wife is extensive. It is agreed that the joint property of the husband and wife may be personal property before the marriage or property acquired after the marriage. There are also no restrictions on the type of property.

In addition to the types of property involved in Articles 17 and 18 of the Marriage Law, it also includes all property and property rights that can be earned; Second, there is no clear time definition for agreeing on the joint property of the husband and wife, that is, the time for the husband and wife to agree on the joint property can be before or after marriage, or the agreed property can be re-agreed on according to one piece of the husband and wife, and there is no strict time regulation; Third, the diversity of forms of agreement. That is, it is agreed to be separately owned, jointly owned, partially separately owned, and partially jointly owned; Fourth, the priority of the contract. Here, the national law also adopts the principle of contract precedence for the agreement on marital property.

That is, there is a contract according to the contract, and there is no contract according to the law. Whether it is the joint property of the husband and wife or the personal property of the husband or wife depends first and foremost on the intention of the spouses; Fifth, the agreed property is protected by law. Paragraph 2 of Article 19 of the Marriage Law stipulates that "the agreement between husband and wife on the property acquired during the existence of the marital relationship shall be binding on both parties".

That is, if the property is agreed to be jointly owned by the husband and wife, it has legal effect and cannot be changed at will. If both men and women have gone through the marriage registration procedures, then the income of both parties belongs to the joint property of the husband and wife, then in order to better protect the rights and interests of both parties, the marriage law also clearly stipulates that either party needs to seek the consent of the other party when disposing of the joint property, and when the two parties have emotional problems and want to go through the divorce procedures, it is also necessary to divide the joint property equally.