Is the policy part of the marital property and whether the policy is the marital property

The insurance policy is generally the joint property of the husband and wife. However, if the parties agree otherwise, or if the policy is a death or disability insurance benefit obtained by one of the husband and wife as the designated beneficiary, or if the insurance policy clearly indicates that only one party is the beneficiary, it shall not be recognized as the joint property of the husband and wife.

[Legal basis].Article 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;

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.

If the insurance is purchased with the joint property of the husband and wife during the marriage, the policy belongs to the joint property of the husband and wife; Of course, there are special exceptions for the husband and wife. If the insurance was purchased before the marriage, or if the insurance was purchased by one party with personal property after the marriage, the policy belongs to the personal property of one of the parties.

Legal Analysis: An insurance policy has a certain cash value and is therefore a type of property. The property acquired during the conjugal relationship shall be the joint property of the husband and wife if the insurance premiums incurred by one of the spouses as the insured person shall belong to the joint property of the husband and wife.

After the divorce of the husband and wife and the dissolution of the husband and wife relationship, the policyholder loses the insurance interest to the insured and no longer has the qualification of the policyholder. The policyholder has the right to surrender the policy at the insurance company, and the husband and wife can divide the returned policy value. However, due to the short period of application, the cash value of the policy returned at this time may be much lower than the premium paid, and in this case, the cash value of the policy will be divided as the joint property of the husband and wife, and the gain will outweigh the loss.

Therefore, it is more reasonable to assign the policy to the insured, and the insured will pay half of the insurance cost to the policyholder. In the case of insurance benefits, the rights of the beneficiary are expected and uncertain, so they should not be treated as joint property. [Legal basis].

Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; 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 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife. 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. 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 personal property of the husband or wife shall be repaid.

Legal analysis: Under normal circumstances, unless otherwise agreed, the insurance policy should be recognized as the joint property of the husband and wife.

Legal basis: 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 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 and clean rights to dispose of joint property.

1. The personal assets involved in the insurance contract mainly include insurance premiums, policy dividends, surrender cash value, pensions, insurance indemnities and other items. However, whether the personal property to which these insurance contracts relate to the marriage is considered to be community property also needs to be determined on a case-by-case basis. Unless otherwise agreed by the insurance contract or the husband and wife, in most cases, the insurance premium, policy income, cash value, and pension belong to the joint property of the husband and wife after marriage.

2. In many cases, there is no husband and wife relationship in the insurance relationship, and there is no pre-marital and post-marital problems, because the insurance money cannot be divided as property, it belongs to the beneficiary. If one of the spouses is the designated beneficiary, the death and disability insurance benefits are not considered to be the joint property of the husband and wife.

3. There are three related parties in the life insurance contract: the policyholder, the insured, and the beneficiary. From the point of view of property distribution, if the beneficiary of the insurance contract is, the insurance money should belong to whom, and if the beneficiary of the insurance is deceased, then the insurance money will be inherited by the next of kin of the beneficiary.

Take whole life insurance as an example, whoever is the beneficiary of the death, then the death insurance benefit is whose property.

Legal Analysis: The policy property is the joint property of the husband and wife, and the insurance policy has a certain cash value, so it is a kind of property. The property acquired during the existence of the marital relationship shall be the joint property of the husband and wife, and the insurance premiums incurred by one of the spouses as the insured shall belong to the joint property of the husband and wife.

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 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.

The insurance policy does not have to be the joint property of the husband and wife, and if the policy is a life insurance purchased by the husband and wife after marriage, it generally does not belong to the joint property; If the basic pension or medical insurance benefits obtained by one of the parties after marriage are the joint property of the husband and wife.

[Legal basis].Article 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;

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.