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Anonymous users2024-02-10Paragraph 4 of Article 18 stipulates that "the daily necessities for the exclusive use of one party shall be the property of one of the spouses. ”
During the period of existence, which daily necessities belong to one party for the exclusive use, is one of the main contents of determining the property of one of the spouses, the so-called daily necessities for the exclusive use of one party, refers to the daily necessities purchased by one party in the daily life of the husband and wife or the daily necessities that are inconvenient or unsuitable for the use of the other party in daily life, specifically, roughly including the following:
1. Articles limited to daily life refer to the items needed by the husband and wife in their daily life, and generally do not refer to real estate, deposits, or intangible property, but do not include laptops, transportation, etc., purchased for professional needs.
2. Daily necessities that are not valuable property and are not valuable property, such as shoes, hats, clothes, and some books, mobile phones, special accessories, ornaments, etc., which are of little value.
(3) It is limited to items that are exclusive to the spouse who has ownership, i.e., property that is unique to one of the spouses.
4. It is limited to the use of the daily necessities for the sole benefit of one party, such as cosmetics, except for those used by one party and for the common use of family life, such as washing machines and vacuum cleaners used by the wife alone that cannot be included in the special daily necessities of one party.
5. Daily necessities agreed upon by both husband and wife and for the exclusive use of one party.
The determination of which items belong to one of the spouses should be based on the value of the property and the benefit of the user, not only by whom the goods are used.
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Anonymous users2024-02-09Legal Analysis: 1. It is limited to items that are exclusive to the spouse who has ownership, that is, property that is unique to one of the spouses.
2. Daily necessities that are not valuable and do not belong to valuable property, such as shoes, hats, clothes, and some books, mobile phones, special accessories, ornaments, etc., which are of little value.
3. Items limited to daily necessities refer to the items needed by the husband and wife in their daily life, and immovable property such as houses, deposits, and intangible property are not personal necessities. Laptops and means of transportation purchased for professional needs may be determined whether they are personal daily necessities based on the specific circumstances of the case.
4. Daily necessities agreed upon by both husband and wife and for the exclusive use of one party.
5. The daily necessities are limited to the use of the sole benefit of one party, such as cosmetics, except for those used by one party and shared services for family life, such as washing machines and vacuum cleaners used by the wife alone that cannot be included in the special daily necessities of one party.
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) One of the party's premarital property disorderly property;
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;
5) Other property that shall belong to one side.
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