-
Legal marital community property.
Concept and scope of production.
The legal joint property of husband and wife refers to the direct application of the Marriage Law in the event that the husband and wife have not made an agreement on the marital property before or after the marriage or the agreement is invalid
The matrimonial property regime provided for by law. 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 the scope of property that should be jointly owned by the husband and wife during the existence of the marital relationship, that is, 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 wages and bonus income of one or both parties during the existence of the marital relationship, as well as various welfare policy income and subsidies; (2) The income from production and operation refers to the income from production and operation of one or both spouses 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 acquired 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 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) the premarital property of one party; (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 one party; (5) Other property that shall belong to one party.
You go and take a look.
-
The barbershop does not count, and if the furniture is bought after the marriage license is obtained, it must be considered joint property, regardless of who spends the money.
-
The key is the question before and after you get the certificate, both of which are personal assets that you had before you got the certificate
-
It is not considered joint property.
Article 18 of the Marriage Law stipulates the scope of property that should be applied to one of the spouses. That is, 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 one party;
(5) Other property that shall belong to one party.
Article 17 of the Marriage Law stipulates that the following property acquired by a husband and wife during the existence of a 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 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 jointly owned property.
The joint property of husband and wife includes the labor income and other legal income, donated property, inherited property, etc., obtained by both husband and wife or one of the spouses during the existence of the marital relationship.
According to the second part of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of Civil Policies and Laws, the joint property of husband and wife also includes:
1) Where pre-marital property and post-marital property cannot be ascertained, or if it is pre-marital personal property, but it has been married for many years and has been jointly used, operated, and managed by both parties for a long time, it can be regarded as joint property of husband and wife;
2) During the existence of the marital relationship, the demobilization and transfer expenses received by demobilized and demobilized servicemen may be divided according to the joint property of the husband and wife at the time of divorce if the husband and wife have lived together for a long time;
3) the current year's income from engaging in diversified operations and contracting responsibility fields during the existence of the husband and wife relationship, as well as the funds invested in breeding and breeding professions that have no income in the current year;
4) Gold, silver, jewelry, and other property donated by one or both parents after the marriage is registered.
Modern people are afraid of marriage, which means that they no longer believe in any eternal love. So when it comes to getting married, there will be an inexplicable panic, insecurity, and always trying to find a reason to find a fulcrum for your marriage. Therefore, many people feel that they should live together before marriage, trying to increase their understanding of each other through cohabitation. >>>More
1. Don't eat too spicy or too meaty; In addition, both men and women must not drink alcohol, and it is recommended not to drink alcohol 3-5 days before the physical examination. >>>More
What a widow's year, feudal superstition! It is recommended that you reunite and enter the marriage hall, and you don't have to care too much about what relatives and friends say ......Marriage is a matter for the two of you, and it is none of their business that their happiness cannot be affected because of this. Breaking up now is just a gamble ......If you really love each other, I'm sure you'll still be together. >>>More
You should tell him: I am sad that I lost my money, and you still talk about me. You are very aggrieved, and I am not willing to lose. >>>More
It's a lot of seriousness. What are you preparing?