Is a wedding ring community property after divorce

The wedding ring does not belong to the joint property of the husband and wife, but is an act of gift to the other party, which is irrevocable and belongs to the property of the other party. "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.

Legal basis] Article 17 of the Marriage Law stipulates that the following property acquired by husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from 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.

The wedding ring given by the man to the woman should belong to the special daily necessities of one party, and it is a genuine and voluntary gift by the man, so the wedding diamond ring should be recognized as the woman's personal property rather than the joint property after marriage, and should not participate in the division of property in the divorce. Legal basis: Article 1063 of the Civil Code states that 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 party.

The law is divided into banquet and analysis: after divorce, the wedding ring does not belong to the joint property, but belongs to the gift to the other party, and belongs to the other party's property. The joint property of husband and wife refers to the property acquired during the existence of the marital relationship and is provided for in the Civil Code of the People's Republic of China.

The joint property of husband and wife shall be jointly owned by the husband and wife, and the husband and wife shall have equal rights to dispose of the joint property.

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.

Legal analysis: 1. If it is a dowry jewelry given by the woman's mother, it is your personal property.

2. If it is given by relatives and friends on the day of marriage, depending on the specific situation, if there is no evidence to prove that it is a gift to the woman alone, it is usually handled according to the joint property.

3. If it is a dowry given by the man's family, it is the woman's personal property.

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

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 the 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 party.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or that the missing part shall be owned 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 be owned by each other, and the debts owed by the husband or the wife to the outside world shall be paid off with the personal property of the husband or the wife.

After divorce, the wedding ring is not joint property, but is a gift to the other party, and belongs to the other party's property. The joint property of husband and wife refers to the property obtained during the existence of the marital relationship and is provided for in the Civil Code of the People's Republic of China. The joint property of the husband and wife shall be jointly owned by the husband and wife, and the husband and wife shall have equal rights to dispose of the joint property.

[Legal basis].Article 1062 of the Civil Code.

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.

The wedding diamond ring given by the man to the woman should belong to the special living items of one party, and it is a genuine and voluntary gift by the man, so the wedding diamond ring should be recognized as the woman's personal property rather than the joint property after marriage, and should not participate in the division of property in the divorce. Legal basis: Article 1063 of the Civil Code states that 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) The property of the will or gift contract that determines that the nuclear slag belongs to only one party; (4) Supplies for the use of one side to change the situation and quietly live; (5) Other property that shall belong to one party.

After a husband and wife get married, no matter whose property they buy, no matter who buys it, and no matter who earns the money or goods, the property in the family generally belongs to the joint property of the husband and wife, and unless there is an agreement, the property belongs to the husband and wife.

Article 162 of the Civil Code.

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.

Legal analysis: wedding rings are exclusive and used by the parties themselves, so wedding rings generally do not belong to the joint property of the husband and wife, and are treated as personal property, and do not participate in the division in the event of divorce.

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 party.