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Statutory community of marital property refers to the matrimonial property system that is directly governed by the law when the husband and wife have not made an agreement on the marital property before or after the marriage or the agreement is invalid. 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 acquired by husband and wife during the existence of the marital relationship and which shall be jointly owned by the husband and wife, 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 salaries, bonus incomes and various welfare policy income and subsidies of one or both parties during the existence of the husband and wife relationship;
2) Income from production and business operation refers to the income from production and business operation of one or both husband and wife during the existence of the husband and wife relationship;
3) The income of intellectual property rights refers to the income of 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 obtained 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 should be jointly owned.
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Hello. On August 22, I bought the car in full. If the marriage is registered before August 22.
The car is considered joint property. If you buy a car in full on August 22. The marriage was registered on August 22.
The car counts as pre-marital property. Marriage is subject to the application of a marriage certificate. Although there was no wedding.
I have applied for a marriage registration certificate. It's a husband and wife relationship.
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Pre-marital property is counted, and property after August 28 is considered post-marital property.
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If you buy a car in full on August 22 and register your marriage on August 28, then this car is a pre-marital property. h
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This one is actually quite easy to divide.
For example, if the down payment for the purchase of the car is paid by the man on August 15, and the marriage is registered on September 1, the subsequent repayment of the loan should be made jointly by both the man and the woman. In this way, the pre-marital property can only be the man's down payment, and the subsequent property is the joint property of the husband and wife.
For example, when a car is purchased, it is 200,000 yuan, of which the man's down payment is 50,000 yuan, which is a quarter of the entire car price, then two years later, the man and the woman divorce, the car is only worth 100,000 yuan when it is sold (because of the demolition of the old one), and the man can get a quarter of the sale price of the car, that is, 10,000 yuan, and the remaining 10,000 yuan is divided as the joint property of the husband and wife. This should be pretty clear, right?
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