What property is common in marriage, and what is community property in marriage

According to Article 11 of the Judicial Interpretation (2) of the Marriage Law, during the existence of the marriage relationship, the following property belongs to the provisions of Article 17 of the Marriage Law"Other property that should be jointly owned"：

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) Pension insurance funds and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.

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

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) income from production and operation; (3) income from intellectual property rights; (4) Property acquired by inheritance or gift, except for property that is determined in the will or gift contract to belong only to the husband or wife; (5) Other jointly owned property.

If your brother-in-law knows and agrees, it is a joint gift between husband and wife, and the gift of the property belongs to whoever it is.

If your brother-in-law doesn't know. According to you, if your sister needs to pay in installments, the instalment part must be joint property.

The down payment depends on whether it is your sister's personal property or joint property.

Your sister's behavior is a transfer of joint property, and it is recommended to discuss with your brother-in-law and obtain the consent of the other party before proceeding, first, it is easy to cause conflicts, and second, if your brother-in-law does not agree, the property is likely to be recognized by the court as joint property.

If you borrow money, then the house is yours, if someone else bought it and gave it to you, if there is relevant evidence, the house should also be yours, if not, it was your sister who bought it for you privately, and the house should also be your sister's property! If your sister gave you the money to buy a house, it was her own money, I think it should be your house!

It depends on whether you can prove that your sister gave you the money.

Legal Analysis: Joint property of husband and wife refers to the property jointly owned by the husband and wife during the existence of the relationship between 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.

Husbands and wives have equal rights to dispose of jointly owned property. The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse. Including (1) wages and bonuses; (2) income from production and operation; (3) income from intellectual property rights; (4) property acquired by inheritance or gift; (5) Other property that shall be jointly owned; (6) Housing subsidies and housing provident funds actually obtained or should be obtained by both parties; (7) The endowment insurance money and bankruptcy settlement compensation actually obtained or should be obtained by both parties; (8) The part of the marital relationship that should be shared by the husband and wife during the existence of the marital relationship, such as demobilization allowance and self-employment allowance paid to the name of the soldier.

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, awards, 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 106 Article 13 The following property shall be 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.

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.

The husband and wife shall have agreed that the property obtained during the existence of the marital relationship shall belong to each other, and if the husband or wife is aware of the debts owed to the outside world by the counterpart, the debts shall be paid off with the personal property of the husband or wife.

Community property is property owned jointly by the husband and wife during the existence of the marital relationship. The details are as follows:

1. Including the wages, bonuses, income from production and operation, and income from intellectual property rights obtained by the husband and wife during the existence of the marital relationship, the property income actually obtained or can be clearly obtained during the existence of the marital relationship, the income obtained by one party from the investment of personal property, and the income generated by the personal property of one of the husband and wife after marriage, in addition to the fruits and natural appreciation, shall be recognized as the joint property of the husband and wife, the housing subsidy actually obtained or should be obtained by the man and the woman, and the housing provident fund. Pension insurance premiums, bankruptcy settlement compensation, and property obtained by inheritance or gift actually or should be obtained by both men and women, but the property that is determined to belong to only one of the husband or wife in the will is the property of one of the husband and wife;

2. Where one-time expenses such as demobilization allowance and self-employment allowance are paid to the name of the serviceman, the amount obtained shall be the joint property of the husband and wife by multiplying the number of years of marital relationship of the husband and wife by the annual average. The annual average refers to the amount of the total amount of the above-mentioned expenses that will be paid to the military personnel according to the specific number of years. The specific length of service is the difference between the average life expectancy of 70 years and the actual age of the military at the time of enlistment.

Legal basisArticle 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 have been completed;

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 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 labor remuneration;

2. Income from production, operation and investment;

(3) income from intellectual property rights;

4. Inherited or donated property, except for property determined in the 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 actually obtained or should be obtained by both men and women.

Legal basis: Article 1062 of the Civil Code [Joint Property of Husband and Wife] 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;

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 on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.

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.

1. Under what circumstances can the joint property of the husband and wife be divided?

1. Divorce division.

In the event of a divorce, the division of the joint property of the husband and wife is one of the legal consequences of the divorce.

The law allows the husband and wife to negotiate and deal with the property issue on their own at the time of divorce, and if they cannot negotiate or fail to reach an agreement, according to the relevant provisions of the Civil Code, the court will make a judgment according to the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party.

However, the court determines matrimonial property on the basis of this principle if the property is jointly owned by the husband and wife. On the premise of distinguishing between personal property and joint property of husband and wife, the court shall, according to the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the wife and the innocent party, divide the joint property of the husband and wife fairly and justly.

2. Marital division.

According to Article 106 of the Civil Code, one of the husband and wife may apply to the people's court for the division of joint property under any of the following circumstances during the existence of the marital relationship:

1.One party has acts that seriously harm the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or falsifying the joint debts of the husband and wife.

2.A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

Legal Analysis: Joint chain property refers to the property jointly owned by the husband and wife during the existence of the marital relationship. Common property includes the following aspects:

1) Wages and bonuses; 2) the income from production and operation; (3) income from intellectual property rights; (4) Property acquired by inheritance or gift, except for property that is determined in the will or gift contract to belong to only one of the husband or wife; 5) Other property that shall be jointly owned.

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 owned jointly 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.

According to the Marriage Law of the People's Republic of China and relevant laws and regulations, the joint property of husband and wife mainly refers to the legal income of one or both parties during the existence of the husband and wife relationship, as well as the property and property rights converted from the income. The period of existence of the relationship between husband and wife shall be from the date of marriage registration to the date of divorce registration or divorce judgment.

Specific should include:

1) The wages and bonuses of both husband and wife;

2) Profits from production and operation;

3) Income from intellectual property rights: refers to property gains actually obtained or clearly available during the existence of the marital relationship;

4) property derived from inheritance or acceptance of gifts;

5) In the case of one-time expenses such as demobilization expenses and hardship expenses for self-employment in the name of military personnel, the income from the duration of the marital relationship of the husband and wife shall be multiplied by the average annual value;

6) the income obtained by one side from the investment of personal property;

7) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

8) Pension insurance premiums and bankruptcy resettlement compensation that both men and women actually obtain or should have obtained.