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Counted. As long as this money is earned back after you get married, no matter what you use it for, it is the joint property of the husband and wife.
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As long as it is the money of the husband and wife after marriage, it belongs to the joint property and needs to be jointly disposed of.
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In fact, this expense also belongs to the family expenditure, so it also belongs to the joint property series.
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Generally speaking, it is counted as joint property, and sometimes the circumstances are different, depending on the circumstances of the spouses.
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Legal Analysis: It varies depending on the type of insurance, the beneficiary, the payment situation, etc.
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 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.
Article 30 of the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China provides that the insurance money, disability allowance, and medical living allowance of military personnel belong to personal property.
Article 80:Where at the time of divorce, one of the husband and wife has not yet retired and does not meet the requirements for receiving a basic pension, and the other party requests that the basic pension be divided according to the joint property of the husband and wife, the people's court will not support it; Where after marriage, the basic endowment insurance premiums are paid with the joint property of the husband and wife, and at the time of divorce, one party claims that the part of the pension account actually paid by the individual during the existence of the marital relationship and the interest shall be divided as the joint property of the husband and wife, the people's court shall support it.
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Legal Analysis: The insurance premiums for insurance purchased during the marriage belong to the joint property. However, insurance is different from other property and is inconvenient to divide, so when you divorce, you need to change the policyholder.
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 false labor services;
2) Production, operation and investment income;
(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.
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.
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Legal analysis: It depends on whether the money for the purchase of insurance is the income of the husband and wife's joint living income, or the income of personal intangible property before marriage. If it is a joint living income of the husband and wife, it should be included in the property invested jointly by the husband and wife.
If it is purchased truthfully from the profits of personal intangible property before marriage, it shall be personal property. Even if the insured person is the other party, it should not be included in the joint 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) the proceeds of intellectual property rights; Nakabi rock.
(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.
Article 1006 Rolling Infiltration 13 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.
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Insurance is not part of the marital property. The joint property of the husband and wife includes the following items: wages, bonuses, and remuneration for labor services; income from production, operation and investment; proceeds from intellectual property rights; Inherited or donated property and other property that shall be jointly owned. Therefore, insurance is not part of the joint property of the husband and wife.
The joint property of husband and wife refers to the property acquired during the existence of the marital relationship and provided for in the Civil Code of the People's Republic of China, which is the joint property of the husband and wife, and is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property.
Specifically, the method of determining the joint property of husband and wife under Chinese law is as follows:
1. The husband and wife agree that the property is the joint property of the husband and wife, and enter into a written agreement.
2. The property acquired during the existence of the marital relationship, including:
1) Salary and bonus.
2) Income from production and operation.
3) Proceeds from intellectual property rights, etc.
1) Where the pre-marital property and the post-marital property cannot be ascertained, or it is personal property before marriage, but it has been married for many years and has been jointly used, operated and managed by both parties for a long time, it can be regarded as the joint property of the husband and wife;
2) During the existence of the marital relationship, the demobilization and transfer expenses received by demobilized and demobilized servicemen may be divided according to the joint property of the husband and wife at the time of divorce if the husband and wife have lived together for a long time;
3) the current year's income from engaging in diversified operations and contracting responsibility fields during the existence of the husband and wife relationship, as well as the funds invested in breeding and breeding professions that have no income in the current year;
4) Gold, silver, jewelry, and other property donated by one or both parents after the marriage is registered.
1. What is included in the joint property of husband and wife?
The following property acquired by the husband and wife during the marriage relationship is generally the joint property of the husband and wife:
1. Wages, bonuses, and labor remuneration;
2. Production, operation and investment income;
3. Intellectual property income;
4. Inherited or donated property;
5. For other property that should be jointly owned, the husband and wife have equal rights to dispose of the joint property.
The joint property of husband and wife generally refers to the property acquired during the existence of the marital relationship and provided for in the Civil Code of the People's Republic of China as the joint property of the husband and wife, which is jointly owned by the husband and wife, and the husband and wife have equal rights to dispose of the joint property.
Article 1062 of the Civil Code stipulates 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
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 owned by Gong Bu Liangtong.
Husband and wife have equal rights to dispose of joint property.
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The insurance generally belongs to the joint property of the husband and wife, but if the insurance is a life insurance purchased by one of the husband and wife after marriage, it generally does not belong to the joint property of the husband and wife; If one of the parties obtains the basic pension insurance or medical insurance after marriage, it is 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 the husband and wife during the marriage 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.
Article 25 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.
During the existence of the marital relationship, the following property is "other property that shall be jointly owned" as provided for in Article 1062 of the Civil Code:
1) The income obtained by one party from the investment of personal property;
2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;
3) The basic pension and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.
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1.Insurance purchased after marriage After marriage, both husband and wife purchase insurance for themselves and each other are joint property. 2.
Insurance bought before marriage, still paid after marriage Although the insurance was bought before marriage, due to the fact of marriage, the premiums paid during the divorce period need to be refunded to the other party. 3.Financial insurance bought before marriage, income after marriage Since the income generated by insurance is after marriage, this belongs to the income obtained from personal property investment after marriage, and also belongs to the joint property of husband and wife.
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