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Article 17 of the Marriage Law stipulates that the following property acquired by the husband and wife during the marriage 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.
So writing only a person's name does not affect the nature of the property.
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Of course, it belongs to the joint property of the husband and wife, as long as it is not indicated which party owns it, it is the joint property of the husband and wife.
The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife.
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All property acquired after marriage, unless otherwise agreed, is joint property.
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Yes, it is still considered the joint property of both parties after marriage.
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j is all the income of the two marriages. If the title deed is in the name of one person, it is also the joint property of both parties, and the loan is also shared by two people.
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If it can be proved that the full amount of one party is all the money before the marriage, it does not belong to the joint property of the husband and wife.
It is impossible to prove that the house money was owned by the individual before the marriage and belongs to the joint property of the husband and wife.
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salaries, bonuses;
income from production and operation;
proceeds from intellectual property rights;
property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
Other property that should be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
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Marital property refers to all kinds of property acquired by either spouse during the existence of the marital relationship. The marital property is not exactly equal to the joint property of Zheng Yin and the husband and wife. The following property acquired by the husband and wife during the marriage relationship shall be the joint property of 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) Property inherited or donated, except for property that is determined in a will or gift contract to belong to only one party;
5) the income obtained by one party from the investment of personal property;
6) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;
7) The basic pension and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.
Legal basis] Article 1062 of the Civil Code, 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 and work;
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 Interpretation of the Marriage and Family Section of the Civil Code of the People's Republic of China provides that during the duration of the marital relationship, the following property belongs to "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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Marital property is property acquired by one or both spouses in accordance with the law after the marriage is registered. In addition, post-marital property is generally recognized as the joint property of the husband and wife, except for compensation or compensation received by one party for personal injury, special daily necessities, testamentary or gift contracts that are determined to belong only to one party. The spouses may agree that the property acquired during the marriage shall be owned separately or jointly, or partly separately and partly jointly.
The income generated by the personal property of one of the spouses after marriage belongs to the joint property of the husband and wife, except for the fruits and self-recognition of appreciation.
[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 Paragraph 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.
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Marital property refers to property acquired by one or both spouses in accordance with the law after the marriage is registered. In addition, post-marital property is generally recognized as the joint property of the husband and wife, except for compensation or compensation received by one party for personal injury, special daily necessities, and property determined in a will or gift contract to belong only to one party.
1. Is the property acquired by inheritance joint property?
If the inheritance after marriage is not clearly given to one of the parties, it is the joint property of the husband and wife.
The following property is the personal property of one of the spouses:
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.
2. What is not divided into divorce property in the Civil Code.
At the time of divorce, the following property belonging to the spouses shall not be divided: (1) the pre-marital property of one party; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side 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. Article 1063 of the Civil Code stipulates that 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 obtained 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.
3. Whether the dowry after marriage is the joint property of the husband and wife.
The dowry after marriage is generally not the joint property of the husband and wife, and the dowry is generally recognized as the personal property of the husband and wife, unless the parties have a special agreement in this regard.
The following property is the personal property of one of the spouses:
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 the will or gift contract to belong to only one party to carry the sails;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 1062 of the Civil Code of the People's Republic of China.
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 owned by the husband and wife jointly:
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 spouses:
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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Legal Analysis: Marital property refers to all kinds of property acquired by either spouse during the existence of the marital relationship. Matrimonial property is not completely destroyed, which is equivalent to joint marital property. Whether the marital property is the joint property of the husband and wife depends on the agreement between the husband and wife and the provisions of the law.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by a 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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Post-marital property mainly refers to all kinds of property acquired by either party to the marital relationship during the existence of the marital relationship. According to the relevant provisions of the Marriage Law, the property acquired by either spouse after marriage is not necessarily equivalent to the joint property of the husband and wife. For example, if a house purchased by the parents of one of the spouses for him or her is the personal property of the spouse and not the joint property of the spouse.
The Marriage Law clearly stipulates that 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:
1. Labor remuneration and bonuses;
2. Income obtained from production or operation;
3. Income from intellectual property rights;
4. Property acquired by inheritance or gift, except for cases where the gift is expressly expressed to an individual.
Article 17 of the Marriage Law [Joint Property of Husband and Wife].
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; (2) Earnings 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.
Nowadays, there are many reasons for divorce, some people remarry soon after divorce, because the original joint property of the husband and wife has been disposed of at the time of divorce, so how to calculate the joint property of the husband and wife after the remarriage of the original divorce agreement has been disposed of has caused many troubles, so many parties come to consult me about this problem, after years of experience, I personally think that whether it is a divorce by agreement or a divorce by litigation, the joint property of the husband and wife has been disposed of at the time of divorce. The ownership of the joint property of the husband and wife that has been disposed of after the divorce of the parties shall be determined in accordance with the result of the disposition. After remarriage, the property that has been disposed of at the time of the previous divorce shall belong to the pre-marital property of both parties, and whether it is owned by one party or jointly owned by both parties depends on the result of the disposition of the property at the time of the previous divorce. According to the Marriage Act: >>>More
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