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Every couple wants to grow old together when they enter the marriage hall, but many couples parted ways halfway. This brings us to the division of property. Is it illegal for one party to conceal income during marriage?
How is the joint property of husband and wife recognized in the Marriage Law? According to the Marriage Act, joint property refers to the property jointly owned by the husband and wife during the existence of the marital relationship. 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.
Community property.
However, in many divorce cases, there are cases where one party conceals income during marriage. Is this an illegal act? It is understood that the law does not regulate the behavior of one party concealing income during the marriage, such as hiding "private money", that is, there is no question of legality or illegality.
It is worth mentioning that in real life, many wealthy people will sign a prenuptial agreement when they get married, making a clear division of property, etc. In this way, once there is a problem in the marriage, it will not affect the stability of the company's equity.
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During the marriage, unless otherwise agreed by the spouses, the income of both spouses shall be the joint property of the spouses. The law does not regulate the concealment of income by one party during the marriage, such as hiding "private money", that is, there is no question of legality or illegality.
However, in the event of a divorce, if one of the spouses conceals the property, the spouse who conceals the joint property of the husband and wife may divide the joint property of the husband and wife with less or no share in accordance with article 47 of the Marriage Law. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.
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First: if one of the spouses does not pay child support, the other party can file a lawsuit with the people's court, and the child support is a mandatory provision of the law, and there is no exemption from liability, and the party who has not obtained the custody of the child does not pay a penny of child support, which has no legal basis. As for the amount of alimony to be paid in accordance with the law, the amount of alimony to be paid is decided according to the actual situation of the child, and the law does not impose a mandatory provision.
Second: If the collection you are talking about can be proved to be your collection before marriage, it is your personal property; Those that are collected after marriage or that cannot be proved when they were collected are to be recognized as joint property of the husband and wife.
Third: The two legal provisions you cited are aimed at the situation of requiring the division of joint property during the marriage, if the divorce should be in accordance with Article 47 of the "Marriage Law", when divorcing, one party hid, transferred, bought and sold? In the case of damage to the joint property of the husband and wife, or the falsification of the property in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, buys or sells, or destroys the joint property of the husband and wife or falsifies debts may receive a small or no share.
At the time of divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.
People's courts are to sanction conduct that obstructs civil litigation as provided for in the preceding paragraph in accordance with the provisions of the Civil Procedure Law.
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Nowadays, many couples are popular AA system, and their income and disposition are in their own hands, and they should not be illegal if they overcharge their income. But no matter how AA is between husband and wife, if one party goes to court because of debts, it is the joint debt of the husband and wife, so for the sake of a happy marriage, it is better for both parties not to hide it.
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It is not a violation of the marriage law for wives to conceal their income and expenses, and it may be that the other party is too strict and always does not give him pocket money.
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It does not violate the Marriage Law, and the Marriage Law does not have this provision, so it can only be said that it violates integrity and morality and has nothing to do with the Marriage Law
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It is a violation of the marriage law for husband and wife to conceal income and expenses, and it is only right that you both must manage your own small family well.
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It's okay to conceal it on a small scale, but if you gamble in large quantities or give it to juniors or illegally raise funds, it's a different matter, and it should be taken very seriously.
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It is not illegal, this is a matter between husband and wife, and it has nothing to do with the law.
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Concealment between husband and wife.
Income and expenses.
It is not a violation of the Marriage Act.
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Legal analysis: 1. It is not illegal, during the existence of the marital relationship between the husband and wife, in the absence of a special agreement between the husband and wife, the income obtained by both parties generally belongs to the joint property of the husband and wife 2.
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 63 of Article 1000 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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Summary. It is not illegal for a husband and wife to conceal income and expenditure. The income after marriage is joint property, and the division of the joint property of the husband and wife can be requested in the case of divorce, and if there is no division, the division can also be requested after the divorce.
Hello, I am a lawyer at LegalPro and I am happy to serve you! Can you elaborate on your problems and demands?
It is not illegal for a husband and wife to conceal income and expenditure. The collection after marriage is dispersed into joint property, and when you divorce again, you can ask for the division of the joint property of the husband and wife, and if there is no division, Heng Chong's post-divorce judgment can also ask for division.
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The joint property of the husband and wife mainly includes the following property:
1) Salaries, bonuses, allowances, and other wage income of both spouses or one of the spouses;
2) Income from the production or business operations of both husband and wife or one of them;
3) Proceeds received by either spouse or one of the spouses through their intellectual property rights. refers to the property gains actually obtained or can be obtained during the existence of the marital relationship between husband and wife;
4) Property inherited or donated by both spouses or one of the spouses, 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 by the husband and wife, mainly refers to:
1) The income obtained by one of the spouses from the investment of personal property during the existence of the marital relationship;
2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women during the existence of the marital relationship;
3) During the existence of the marital relationship, the pension insurance and bankruptcy settlement compensation actually obtained or should be obtained by both men and women. Husband and wife have equal rights to dispose of and dispose of the above-mentioned property jointly owned by the husband and wife, and there are two meanings here, the first meaning is that the husband or wife has equal rights in handling the joint property of the husband and wife. Either party has the right to decide on the disposition of the joint property of the husband and wife for the needs of daily life;
The second meaning is that the husband or wife makes an important decision on the disposal of the joint property of the husband and wife for the purpose of daily life, and the husband and wife shall negotiate on an equal footing and reach a consensus. Where others have reason to believe that it is an expression of the common will of the husband and wife, the other party must not oppose the bona fide third party on the grounds that they do not agree or do not know.
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It's not illegal. During the marriage, unless otherwise agreed by the spouses, the income of both spouses shall be the joint property of the spouses. The law does not regulate the concealment of income by one party during the marriage, such as hiding "private money", that is, there is no question of legality or illegality.
Article 1 of the Civil Code: 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 Paragraph 3 of Article 1 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.
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Legal analysis: 1. It is not illegal, during the existence of the marital relationship between the husband and wife, in the absence of a special agreement between the husband and wife, the income obtained by both parties generally belongs to the joint property of the husband and wife 2. During the existence of the marital relationship, one party conceals income during the marriage, that is, there is a problem of private money, the law will not adjust, and the law will intervene in the adjustment when there is a contradiction in the division of property when the two parties divorce.
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. Yunfan) income from production, operation and investment;
3) income from intellectual property rights;
4) Property inherited or donated by Chi Xinfeng, 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.
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