Whether marital insurance is part of the marital property

Marital insurance is part of the joint property of the husband and wife. In the absence of a special property ownership agreement, matrimonial insurance is the joint property of the husband and wife. In general commercial insurance, there is no husband and wife relationship in the insurance relationship, and there is no pre-marital and post-marital problems.

Because the insurance money cannot be divided as property, it belongs to the beneficiary. If one of the spouses receives death and disability insurance benefits as the designated beneficiary, it is not considered 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) 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 Analysis: An insurance policy has a certain cash value and is therefore a type of property. The property acquired during the conjugal relationship shall be the joint property of the husband and wife if the insurance premiums incurred by one of the spouses as the insured person shall belong to the joint property of the husband and wife.

After the divorce of the husband and wife and the dissolution of the husband and wife relationship, the policyholder loses the insurance interest to the insured and no longer has the qualification of the policyholder. The policyholder has the right to surrender the policy at the insurance company, and the husband and wife can divide the returned policy value. However, due to the short period of application, the cash value of the policy returned at this time may be much lower than the premium paid, and in this case, the cash value of the policy will be divided as the joint property of the husband and wife, and the gain will outweigh the loss.

Therefore, it is more reasonable to assign the policy to the insured, and the insured will pay half of the insurance cost to the policyholder. In the case of insurance benefits, the rights of the beneficiary are expected and uncertain, so they should not be treated as joint property. [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) 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 belong to one party. Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife. 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.

Legal analysis: The personal assets involved in the insurance contract mainly include insurance premiums, policy dividends, surrender cash value, pensions, insurance indemnities and other items. However, whether the personal property to which these insurance contracts relate to the marriage is considered to be community property also needs to be determined on a case-by-case basis.

Unless there is an insurance contract or a special agreement between the husband and wife, in most cases, it is the joint property of the husband and wife after marriage. According to the law, the beneficiary's rights to the insurance money specified in the insurance policy are expected and uncertain, and whether the insurance money can become the beneficiary's vested interest depends on various factors such as whether the insurance policy continues to be valid or whether the beneficiary changes. If the policyholder or the insured has applied for a change of beneficiary before the occurrence of the insured accident, then Sun Ran's file and the insurance money will be enjoyed by the beneficiary after the change.

Therefore, in the event of a divorce, such expected benefits should not be considered property during the subsistence of the marital relationship and should not be treated as 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 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. 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 belong to one party.

Post-marital insurance is not community property. The insurance money cannot be divided as property, it belongs to the beneficiary. The death and disability insurance benefits obtained by one of the husband and wife as the designated beneficiary are not part of the joint property of the husband and wife.

If the endowment insurance and medical insurance premiums are obtained after marriage, they shall be regarded as joint property of the husband and wife in the absence of a special property ownership agreement. According to Article 1063 of the Civil Code, the following ruined property is the personal property of one of the spouses: 1) the premarital property of one of the spouses; (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 party.

Article 1063 of the Civil Code provides that the following property is the personal property of one of the spouses: (1) the premarital property of one of the spouses; (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 party.

The proceeds of the insurance shall belong to the joint property of the husband and wife, unless otherwise agreed by the parties. If both husband and wife jointly insure the insurance, but the beneficiary is the child, then the proceeds of the insurance are the personal property of the child, not the joint property of the husband and wife.

Legal basis] Article 1062 of the Civil Code.

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) the income from production, operation and investment in reputation;

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 analysis: Whether insurance is the joint property of the husband and wife depends on the specific situation, unless the insurance contract or the husband and wife have a special agreement, in most cases, the insurance premium, policy income, cash value, and pension belong to the joint property of the husband and wife after 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 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.

The insurance policy generally belongs to the joint property of the husband and wife, but if the policy 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) 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 25 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section: During the existence of a 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.