Are things bought separately after marriage considered joint property of the husband and wife?

After the husband and wife get married, regardless of who bought the property or who earned the money and goods, the property in the family generally belongs to the joint property of the husband and wife, and the property belongs to the husband and wife unless there is an agreement. China's "Marriage Law" stipulates that "the property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife" and "the husband and wife have equal rights to dispose of the jointly owned property". The property rights acquired by the husband and wife during the marriage relationship include the ownership of actual possession and the ownership of non-actual possession.

According to the Marriage Law, the property acquired by the husband and wife during the existence of the marriage relationship shall have the following aspects: (1) wages and bonuses; (2) Income from engaging in production or business; (3) the proceeds of intellectual property rights; (4) Property obtained by inheritance or donation, except as provided for in Article 18 (3) of the Marriage Law. (5) Other property that shall be jointly owned.

The things that each of them bought after marriage are also property acquired during the marriage, so they may become joint property of the husband and wife.

In addition, according to the law, the following cases are considered to be the joint property of the husband and wife:

1. Wages and bonuses of both parties;

2. The income of the production and operation of both parties;

3. The income of the intellectual property rights of two people;

4. Property obtained 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 property that shall be jointly owned.

Secondly, to determine whether it is the joint property of the husband and wife, the following property that is recognized as the individual property of the husband and wife should also be excluded:

1. One party's pre-marital property;

2. Medical expenses, living allowances for the disabled, and other expenses obtained by one party due to bodily injury;

3. The 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 should belong to one party.

Therefore, if the things purchased separately after marriage can be distinguished according to the above provisions, then they will be recognized as the joint property of the husband and wife, and the two parties shall divide it according to the principle of equal share in the divorce.

Article 17 of the Marriage Law stipulates that 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) wages and bonuses; (2) Income from production and operation; (3) the proceeds of 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.

r (For specific relevant provisions, you can check the "Marriage Law" on the Internet) r In response to the situation you said, first: if you want to confirm that the shop and house jointly purchased by you and your sister after marriage belong to your pre-marital property, you must provide evidence that it was indeed purchased with your pre-marital property, otherwise, it can be considered that you and your husband jointly contributed to it; Second: Once the shops and houses are profitable or increase in value, the part that belongs to you (except for your sister's) should be regarded as joint property after marriage.

Thirdly, if you can prove that the part you contributed is your personal pre-marital property, your husband only gets the right to benefit from the above-mentioned real estate and does not have the right to property.

According to the regulations, after the marriage of a man and a woman, the property of both parties will become the joint property of the husband and wife. However, some couples have a bad relationship and live together but buy daily necessities separately, or buy them separately because of personal needs, but because they are bought separately after marriage, it is necessary to consider whether they belong to the joint property of the husband and wife.

First of all, the property acquired during the marriage relationship is the joint property of the husband and wife. Therefore, the things that each party buys after marriage are also property acquired during the marriage, so they may become the joint property of the husband and wife.

In addition, according to the law, the following cases are considered to be the joint property of the husband and wife:

1. Wages and bonuses of both parties;

2. The income of the production and operation of both parties;

3. The income of the intellectual property rights of two people;

4. Property obtained 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 property that shall be jointly owned.

Secondly, to determine whether it is the joint property of the husband and wife, the following property that is recognized as the individual property of the husband and wife should also be excluded:

1. One party's pre-marital property;

2. Medical expenses, living allowances for the disabled, and other expenses obtained by one party due to bodily injury;

3. The 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 should belong to one party.

Therefore, if the things purchased separately after marriage can be distinguished according to the above provisions, then they will be recognized as the joint property of the husband and wife, and the two parties shall divide it according to the principle of equal share in the divorce.

Finally, things that are bought separately after marriage are generally recognized as the joint property of the husband and wife, so if both parties plan to divorce, the divorce property must be divided. However, the parties can also negotiate and decide that if the situation is more complicated, it is recommended to find a professional lawyer to intervene if necessary.

1. Whether only the name of one of the husband and wife on the real estate certificate is a joint property.

Property purchased with the joint property of the husband and wife after marriage is the joint property of the husband and wife, regardless of which party is registered in the name of the spouse or which parent keeps it.

1. Article 1062 of the Civil Code (in force) [Joint Property of Husband and Wife] 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) the proceeds of 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.

2. Husband and wife have equal rights to dispose of jointly owned property.

Therefore, if the provisions of Article 17 are met, even if only one party's name is written on the title deed, it is still the joint property of the husband and wife.

In any of the following circumstances, it shall be the property of one of the spouses: the property of one party before marriage, the medical expenses of one party for receiving Knott's medical expenses due to bodily injury, the subsidy for the living of the disabled, the property of the husband or wife determined in the will or gift contract to belong only to one party, and the daily necessities for the exclusive use of one party, shall belong to the property of one party.

Legal Analysis: According to the law, the following circumstances are considered to be the joint property of the husband and wife:

1. The wages and bonuses of both parties;

2. The income of the production and operation of both parties;

3. The income of the intellectual property rights of two people;

4. Property obtained 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 property that shall be jointly owned.

Legal basis: Civil Code of the People's Republic of China

Article 1060:Civil juristic acts carried out by one of the husband and wife for the needs of the family's daily life are effective for both husband and wife, except where one of the husband and wife and the counterpart agree otherwise. Restrictions between husband and wife on the scope of civil juristic acts that one party may carry out must not be used against bona fide counterparts.

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) Arbitrary reference to 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 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.

Even if it is purchased separately after marriage, it will be recognized as the joint property of the husband and wife if it does not belong to the following personal property of the husband and wife:

1. The pre-marital property of one of the spouses;

2. Medical expenses and living allowances for the disabled received by one of the spouses due to bodily injury;

3. The property that is determined in the will or gift contract to belong to only one of the husband and wife;

4. Daily necessities for one of the husband and wife;

5. Other property that shall be attributed to one of the husband and wife.

1. Is the money in the bank card before marriage considered personal property?

Pre-marital savings are considered personal property. In any of the following circumstances, it is the property of one of the husband and wife: the premarital property of one party; Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury; Property that is determined in a will or gift contract to belong to only one of the husband or wife; daily necessities for one party; Other property that should belong to one party.

2. Is the disability compensation metal for personal property?

The scope of the personal property of the spouses includes the compensation received by the parties for bodily injury. The following property belongs to one of the spouses: medical expenses, living allowance for the disabled, etc., received by one party due to bodily injury; Property that is determined in a will or gift contract to belong to only one of the husband or wife; daily necessities for one party; a party's pre-marital property; Other property that should belong to one party.

3. There are several types of property that do not belong to the joint property of husband and wife.

Unless otherwise agreed in writing by both husband and wife, in any of the following circumstances, it is the property of one of the husband and wife and does not belong to the joint property 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 as a result of 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.

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) the proceeds of 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 first paragraph of Article 1060 of the Civil Code of the People's Republic of China, which came into force on January 1, 2021, stipulates that civil juristic acts carried out by one of the husband and wife due to the daily needs of the family shall be effective for both husband and wife, unless otherwise agreed between one of the husband and wife and the counterpart. Moreover, the first paragraph of Article 1064 stipulates that debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife after the fact, 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, belong to the joint debts of the husband and wife. Therefore, no matter who buys something, as long as it is purchased for the daily needs of the family, it is the joint property of the husband and wife.

Article 1060 of the Civil Code of the People's Republic of China: Civil juristic acts carried out by one of the husband and wife due to the daily needs of the family shall take effect on both husband and wife, unless otherwise agreed between one of the husband and wife and the counterpart. Restrictions on the scope of civil juristic acts that can be carried out by one spouse must not be used against bona fide counterparts. Article 1064 of the Civil Code of the People's Republic of China provides that debts incurred by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the subsequent recognition of the common intention, as well as debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship for the daily needs of the family, 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.

The things that are bought separately after marriage are purchased for the daily needs of the family, and they are the joint property of the husband and wife. According to the provisions, civil juristic acts carried out by one of the husband and wife due to the daily needs of the family shall be effective for both husband and wife, unless otherwise agreed between one of the husband and wife and the counterpart.

Article 1064 of the Civil Code.

Debts incurred by the husband and wife as a joint signature or a subsequent 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 during the existence of the marital relationship in excess of the daily needs of the family with their personal reputation and faith 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.

1. How to determine whether the arrears are joint debts of the husband and wife.

Debts incurred by the husband and wife in the joint signature of the husband and wife or the subsequent recognition 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.

There are three circumstances in which it is recognized as a joint debt of husband and wife:

First, both husband and wife jointly sign or one party later acknowledges the debt;

(2) debts incurred in the name of an individual during the existence of the marital relationship, but are needed for the daily life of the family;

Thirdly, during the existence of the marital relationship, debts are incurred in the name of an individual, exceeding the daily needs of the family, but the creditor can prove that it is used for common life, joint business or based on the common intention of the husband and wife.

Civil Code of the People's Republic of China

Article 1064:Debts incurred by both husband and wife as jointly signed by the husband and wife or by one of the husband and wife as a result of a joint expression of intent, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, 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.