What kind of property is owned by the husband and wife?

Nanjing professional marriage lawyer Xu Naiyi will answer for you:

Hello,

The so-called 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, which is regulated by the Marriage Law of the People's Republic of China.

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.

Statutory community of marital property refers to the matrimonial property system that is directly governed by the law when the husband and wife have not made an agreement on the marital property before or after the marriage or the agreement is invalid.

China's Marriage Law adopts a system that combines the legal property system with the agreed property system for the marital property system, and clearly stipulates that the legal property system is applicable only when there is no agreement or the agreement is not clear.

The legal property system can be divided into the statutory common property system and the separate property system, the residual common property system, and the joint property system.

According to the provisions of China's new marriage law, China's legal property system includes the statutory post-marital income joint system stipulated in Article 17 and the statutory special property system stipulated in Article 18.

Article 17 of the Marriage Law stipulates that 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) Income from production and operation;

(3) the income of intellectual property rights;

(4) The property obtained by inheritance or gift (referring to the property determined in the will or gift contract to belong only to the husband or wife) is not expressly owned by one party;

(5) Other property that shall be jointly owned.

Article 18 stipulates the scope of property that should be the property of one of the spouses. That is, in any of the following circumstances, it is the property of one of the husband and wife:

(1) Pre-marital property of one party;

(2) Medical expenses, living allowances for the disabled, and other expenses obtained by one party due to physical injury;

(3) The property determined in the will or gift contract to belong to only one of the husband or wife;

(4) Daily necessities for one party;

(5) Other property that should belong to one party.

Hello, according to Article 17 of the Marriage Law, the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:

1.salaries, bonuses;

2.income from production and operation;

3.proceeds from intellectual property rights;

4.Property derived from inheritance or gift, other than property expressly vested in a contract of bequest or gift;

5.Other property that should be jointly owned.

The basic finances obtained during the existence of the marital relationship belong to the joint property of the husband and wife, such as the RV, and the other is the provident fund and social security paid during the marriage, and the savings in the personal account, both of which belong to the joint property of the husband and wife.

Community property refers to the property acquired by the husband and wife during the existence of the marital relationship and is jointly owned by the husband and wife. The marriage relationship lasts from the date of receipt of the marriage certificate to the death or divorce of one of the parties. The following property is the joint property of the husband and wife, unless otherwise agreed by the parties:

1. Salary and bonus.

2. Income from production and operation.

3. Income from intellectual property rights.

"Proceeds from intellectual property rights" refers to property gains actually obtained or expressly available during the existence of the marital relationship.

4. Property acquired by inheritance or gift.

Except for property that is determined in a will or gift contract to belong to only one of the husband or wife. After the parties get married, where the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express that the gift is made to one of the parties.

5. Other property that shall be jointly owned. "Other property that shall be jointly owned", including:

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 pension insurance money and bankruptcy settlement compensation actually obtained or should be obtained by both men and women.

4. Joint creditor's rights obtained by husband and wife.

6. Separately managed and used property.

The property acquired after marriage that is managed and used separately by the husband and wife in two separate places shall be recognized as the joint property of the husband and wife; When dividing, the principle is to keep the original state, and when the value is different, it is necessary to make up the difference. However, if there is an agreement between the parties, the agreement is followed.

7. Partial demobilization expenses and transfer expenses for military personnel.

In the case of one-time expenses such as demobilization allowances and self-employment expenses that are divided and distributed to military personnel, the number of years of marital relationship between the husband and wife is multiplied by the annual average, and the amount obtained is the joint property of the husband and wife. "Annual average" means the amount of the total amount of the above-mentioned expenses to be paid to the military personnel on an average basis over a 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.

8. Gift money. If the marriage has been registered and has not yet lived together, the gifts and gifts received by one or both parties shall be recognized as the joint property of the husband and wife, and the specific handling shall take into account the reasonable division of the property**, quantity, etc. In principle, the property purchased and used by each party shall belong to each of them.

9. Property that is unclear or cannot be verified.

Where the husband and wife have an unclear agreement on the property acquired during the existence of the marital relationship, it shall be deemed to be jointly owned by the husband and wife; Where it is difficult to verify and determine the nature of property ownership, the party asserting rights has the burden of presenting evidence, and if it is unable to do so, it shall be handled as the joint property of the husband and wife.

Note: The amended Marriage Law has negated the provision that pre-marital property can be converted into joint property after 5-8 years, so pre-marital property cannot be automatically converted into joint property no matter how much time has passed.

1. Wages and bonuses refer to the salaries, bonus incomes, and various welfare policy incomes and subsidies of one or both parties during the existence of the husband and wife relationship. 2. The income from production and operation refers to the income from production and operation of one or both husband and wife during the existence of the relationship between husband and wife. 3. The income from intellectual property rights refers to the income from intellectual property rights owned by one or both spouses during the existence of the husband and wife relationship.

4. Property obtained by inheritance or gift.

Legal Analysis: Joint marital property refers to the property jointly owned by the husband and wife during the existence of the marital relationship. (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 163 of this Law; 5. Other property that shall be jointly owned.

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 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. Income from 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.

Legal Analysis: 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 refer to the salaries, bonus incomes, and various welfare policy incomes and subsidies of one or both parties during the existence of the husband and wife relationship.

2. The income from production and operation refers to the income from production and operation of one or both husband and wife during the existence of the relationship between husband and wife.

3) The income from intellectual property rights refers to the income from intellectual property rights owned by one or both spouses during the existence of the marital relationship;

4) Property obtained by inheritance or gift refers to the property obtained by one or both parties as a result of inheritance and acceptance of gifts during the existence of the marital relationship. In the case of inheritance income, it refers to the acquisition of property rights, not the actual possession of property. Even if the marriage is not actually in possession before the termination of the marital relationship, as long as the inheritance occurs during the existence of the marital relationship, the inherited property is also the joint property of the husband and wife, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that should be owned by the pure brothers.

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 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. Income from 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 17 of China's Marriage Law stipulates that the following property acquired by husband and wife during the existence of marriage relationship shall be jointly owned by husband and wife: wages and bonuses; income from production and operation; proceeds from intellectual property rights; Property acquired by inheritance or gift, 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.

If the spouses do not have a property agreement, the following property is generally considered joint property of the husband and wife: salary, bonuses; production and operating income; Income from intellectual property rights such as copyrights, patent rights, trademark rights, etc.; Inheritance.

Article 17 of the Marriage Law stipulates that 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. Salary and bonus.

2. 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.

Article 19 stipulates that husband and wife may agree that property acquired during marriage and property acquired before marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.

The basic finances obtained during the existence of the marital relationship belong to the joint property of the husband and wife, such as the RV, and the other is the provident fund and social security paid during the marriage, and the savings in the personal account, both of which belong to the joint property of the husband and wife.

Article 1063 of the Civil Code provides:

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.

In addition to the statutory personal property, the parties may also agree on the scope of personal property, either as the part of the statutory personal property as the joint property of the husband and wife, or as the part of the statutory joint property as personal property, and the effect of the agreement shall take precedence over the statutory effect.

It is worth noting:

Property belonging to one of the spouses under the law shall not be converted into joint property by virtue of the continuation of the marriage.

Unless otherwise agreed by the parties.

Question: Li Weifeng and I just got the marriage certificate less than 3 days ago, he won the grand prize when he bought a sports lottery ticket, and the prize was 150,000 yuan, he thought that the 150,000 yuan was personal property before marriage, not the property of the husband and wife. Question: Is he right?

According to Article 17 of the Marriage Law and the Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts, unless otherwise agreed by both parties, the property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife, including: income from the labor of one or both parties and property purchased; property inherited or donated by one or both parties; the economic benefits derived from the intellectual property rights of one or both parties; Income from production and business activities such as contracting and leasing by one or both parties; Claims acquired by one or both parties: Other lawful gains of one or both parties.

It can be seen from this that from the date of registration of marriage to the date of death or divorce of one of the parties, the above-mentioned property acquired by one or both parties is the joint property of the husband and wife. Although it has been less than 3 days since Li Weifeng and you received the marriage certificate, from the time you receive the marriage certificate, all kinds of legal property (unless agreed in advance) obtained by one or both parties are the joint property of the husband and wife. Therefore, the 150,000 yuan that Li Weifeng earned from buying lottery tickets should belong to the joint property of the two of you.

Wages, bonuses, income from production and business, income from intellectual property rights, and property of non-designated individuals obtained by the husband and wife during the existence of the marital relationship are all joint property of the husband and wife. If the husband and wife agree that the property belongs to each other, it shall be binding on both parties, and when repaying the debt, if the creditor is aware of the agreement, the property shall be repaid;If the debtor is not aware of such an agreement, it is still necessary to repay it jointly.

Article 17 of the Marriage Law The following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

1. Salary and bonus.

2. 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.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party due to 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 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property 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 17 and 18 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 binding on both parties.

If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.