After marriage, the property has always been separated, is it considered joint property?

It is considered to be the joint property of the husband and wife, and the joint property of the husband and wife refers to the property acquired by the husband and wife during the existence of the marital relationship.

According to Article 17 of the Marriage Law of the People's Republic of China and the provisions of Interpretation II of the Marriage Law, the joint property of husband and wife mainly includes:

1.salaries, bonuses;

2.income from production and operation;

3.proceeds from intellectual property rights;

4.Property derived from inheritance or gift, but excluding gifts or inheritances that are expressly attributable to one of the spouses only;

If the income from the investment is obtained during the existence of the marital relationship, the profits derived from the operation of the company or enterprise, such as equity dividends, shall be recognized as the joint property of the husband and wife. One party rents out personal property. Rent earned during the existence of the marital relationship is generally recognized as joint ownership.

Miscellaneous. In practice, the court generally determines whether the post-marital income of various forms of personal property is based on the self-appreciation of the property or the joint acts of the husband and wife, according to the actual circumstances of the case.

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

7.The pension insurance money and bankruptcy settlement compensation that both husband and wife actually obtain or should obtain. The above-mentioned property is the legally-prescribed joint property of husband and wife, and where there is no special agreement at the time of divorce, it shall be divided in accordance with law.

Unless you have a clear agreement of your own, it is legally a conjugal commun.

Community property after marriage can be divided through legal procedures. The way in which the joint property after the marriage is divided is as follows:

1. In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties;

2. If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the woman and the children.

The legal basis is Heng Xin HuArticle 1062 of the Civil Code.

The following property acquired by the husband and wife during the period of the marriage 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.

Legal Analysis: Joint property can be divided after marriage. The man and the woman may carry with them at an early stage that the property acquired during the marriage shall be separately or jointly owned or partly separately and partly jointly owned.

The principle of dividing the property of the husband and wife: in the event of divorce, the property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking into account the rights and interests of the woman and the children.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China A man and a woman may agree that property acquired during the marriage 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 Article 1062 and Article 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 husband or the wife shall pay off the debts incurred by the husband or the wife in a personal sedan with the property.

Legal Analysis: Yes. When the spouses divorce, the division of property must be carried out.

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 owned by the company.

Husband and wife have equal rights to dispose of joint property.

When the spouses divorce, the division of property must be carried out.

1. Is the divorce agreement written by the husband and wife valid?

A divorce agreement signed by both husband and wife has legal effect as long as the content of the agreement does not violate the provisions of the law, and can be used as evidence after the divorce or in court proceedings. However, before the divorce is registered or mediated by the court, the agreement on divorce in the divorce agreement will not have legal effect. The parties are still husband and wife.

According to the provisions of the relevant laws, if a man and a woman are filial and both parties divorce voluntarily, both parties must apply for divorce to the marriage registration authority. If, after formal and substantive examination, the marriage registration authority confirms that both parties have voluntarily properly handled the issue of children and property, it shall register the divorce and issue a divorce certificate. A divorce agreement is an agreement between husband and wife on the division of property, child support, etc., reached at the time of divorce.

The Civil Affairs Bureau provides a sample of the divorce agreement.

2. The latest provisions of the Civil Code on the division of property in divorce.

First of all, the property of the spouses is divided into the joint property of the spouse and the personal property of one of the spouses. In principle, when the husband and wife divorce, they only need to divide the joint property of the husband and wife, and do not need to divide their personal property.

Second, as for how to divide the joint property of the husband and wife, according to the principle of autonomy of will, the husband and wife should first negotiate on their own, and it may be distributed equally or unequally. As long as an agreement can be reached, in principle, the law does not prohibit it. According to the relevant provisions of the Civil Code of the People's Republic of China, the husband and wife shall take care of the legitimate rights and interests of the innocent party, the woman and the children when dividing property.

If both husband and wife agree to divorce and reach a consensus on issues such as the division of joint property between husband and wife, the sharing of joint debts, and the ownership of child custody, they may enter into a divorce agreement, register their divorce in accordance with the law, and obtain a divorce certificate.

Finally, if one party does not agree to the divorce, or if the negotiation on a certain issue cannot be reached, either party can sue the people's court, and the court will make a judgment in accordance with the law.

3. How to distribute the divorce of buying a house before marriage.

If the house bought before marriage is the property of one of the spouses before marriage, it will be personal property at the time of divorce and can be divided without property division. If the house is the joint property of the husband and wife, then the husband and wife should divide it equally, and the husband and wife have the same rights and obligations of the joint property, including the house. From the perspective of human feelings, the division of the house should be appropriately given to the woman in terms of share.

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 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: Yes. When the couple divorces, the division of property must be carried out.

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 where the provisions of item 3 of Article 1063 of this Law are lacking; 5) Other property that shall be jointly owned.

The husband and wife have equal rights to dispose of the joint property.