Urgent about the issue of common property The question of common property?

Updated on society 2024-07-13
12 answers
  1. Anonymous users2024-02-12

    Question 1: The compensation for land requisition is given to the parents, and the parents have the right to control it, and she has no right to intervene. Once the debt relationship has been settled, you can no longer ask for money, and the repayer can call the police.

    Question 2: She lost money by opening a store, and he signed a store contract, which means that she understands the matter. This should be a joint debt of the husband and wife, and the wife may be required to bear a part of the debt.

    Question 3: If you lose money by opening a company, it depends on the specific situation whether the wife bears the debt. If you don't want to, you can ask her not to do so.

    Pregnancy, childbirth, and childcare during the marriage are obligations, and she is not entitled to compensation for nanny fees. In the case of divorce, if the child is supported by you, you can ask for child support, of course, you can also not.

    Other marital property may be appropriately distributed in consultation with a lawyer.

  2. Anonymous users2024-02-11

    "Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife. 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.

    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.

  3. Anonymous users2024-02-10

    If you need help, you can call us to discuss and help you study a plan.

  4. Anonymous users2024-02-09

    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 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 shall be the personal property of one of the husband and wife:

    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.

    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.

    Article 1066:In any of the following circumstances during the existence of a marital relationship, one of the husband and wife may request the people's court to divide the joint property:

    1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or falsifying the joint debts of the husband and wife;

    2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

    Article 1092:Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party may receive a small or no share. 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.

  5. Anonymous users2024-02-08

    "Joint property of husband and wife" refers to the property acquired during the existence of the relationship between husband and wife and which shall be jointly owned by both husband and wife. If it is before marriage, it is owned by the individual, no matter how long the two people have lived together, once they divorce, it is still owned by the individual, and it will not automatically become the joint property of the husband and wife. For example:

    salaries, bonuses, subsidies, allowances, etc.; For example, property purchased, purchased, and built after marriage; For example, intellectual property income such as remuneration and fees; For example, income from production and operation.

  6. Anonymous users2024-02-07

    The first category belongs to the joint property of the husband and wife, which is divided equally in the event of divorce.

    The second category belongs to the woman's personal belongings, which belong to the woman at the time of divorce.

  7. Anonymous users2024-02-06

    Community property, i.e. property owned by the husband and wife during their common life, as recognized by law. Property for which both parties have the right to use, which may be material, financial, or abstract property; In the distribution of property, the distribution is assessed using the consent measure in accordance with national regulations. Includes:

    1) Salary and bonus; (2) income from production and operation; (3) income from intellectual property rights; (4) Property acquired by inheritance or gift, except for property that is determined in the will or gift contract to belong only to the husband or wife; (5) Other jointly owned property.

  8. Anonymous users2024-02-05

    All belong to the joint property of the husband and wife.

  9. Anonymous users2024-02-04

    The basic finances obtained during the existence of the marital relationship belong to the joint property of the husband and wife, such as the RV, and the other is the provident fund and social security paid during the marriage, and the savings in the personal account, both of which belong to the joint property of the husband and wife.

  10. Anonymous users2024-02-03

    Hello! Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the following circumstances apply: (1) the parties have not gone through the marriage registration formalities; (2) The parties have gone through marriage registration formalities but do not live together; (3) Payments made before marriage and causing hardship to the payor.

    The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. Your case should fall under the third case above, but the part that has been used to buy furniture should be deducted from the bride price, and the remaining part can be returned to the family joint property, including the debt, half of the debt.

  11. Anonymous users2024-02-02

    Who owns the house? Was the money your parents gave or borrowed from the house? These problems are not clear, how to analyze.

    In whose name is the title certificate office?

    You should be talking about the disposition of property in the event of divorce. If the car belongs to your parents, of course she has no right to share, and if you bought it before marriage, she will not have a share in the divorce, unless it was agreed before the marriage that she has some or all of the property rights.

    As for the title of the house, it is necessary to look at the title deed, and if it is not in your name, you need to find out if your parents gave the house to you. The situation is more complicated, you didn't say specific, it's not good to do further analysis.

    You can contact me to talk about it.

    Only property acquired after marriage can claim distribution.

    Before marriage, it is personal property, and after marriage, it is joint property.

    It depends on the ownership of the house.

  12. Anonymous users2024-02-01

    1: Whether the money in my provident fund account is the joint property of the husband and wife (this is paid into the account every month and accumulated over ten years, and we have only been married for half a year, and this money cannot be used without buying a house).

    The money saved for only half a year is joint property.

    2: The unit has a housing subsidy, which will be issued in two months. This money is also distributed to the payroll card on a monthly basis for ten years. The policy starts from 01, so the money for the first four years will be repaid in a lump sum, and the rest will be distributed on a monthly basis.

    May I ask if such a one-time repayment of money is my income in previous years, and is it considered the joint property of the husband and wife?

    If it is issued at the time of divorce, it is joint property.

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