Does the wife's dowry belong to the joint property of husband and wife

Guangdong Meizhou Family disputes
one Lawyers replied

Legal analysis:


Conclusion: The bride's dowry is generally not It belongs to the joint property of husband and wife



The dowry of the wife generally does not belong to the joint property of the husband and wife. Because dowry usually comes from Marriage registration Unless otherwise agreed Conjugal property However, if the dowry is generated after the marriage registration, it can be recognized as the joint property of husband and wife unless otherwise agreed.



Legal basis:



The People's Republic of China Civil Code 》Article 1062


Husband and wife in marriage Duration The following property acquired is husband and wife's common property , jointly owned by the husband and wife:


(I) wages Bonus and labor remuneration;


(2) Income from production, operation and investment;


(III) intellectual property right Income;


(IV) inherit Or donated property, except as provided for in Item 3 of Article 1063 of this Law;


(5) Other properties that should be jointly owned.


Husband and wife have equal rights to dispose of their common property.


Article 1063


The following property belongs to one of the husband and wife personal property


(1) Party's prenuptial property


(2) One party suffers Personal injury Acquired compensate for Or compensation;


(III) will perhaps Gift contract Property that is determined to belong to one party only;


(4) Daily necessities for one party;


(5) Other properties that should belong to one party.


Counsel:



Article 161 of the Civil Code


The civil subject can agent implementation Civil juristic act


In accordance with the law party The nature of the agreement or civil juristic act, which should be performed personally, shall not agent Does the dowry belong to the common property of the husband and wife. Similar problems can be solved by clicking the page consultation button to consult a large number of online lawyers. Your headache is exactly what we are good at. Professionals are ready to help you safeguard your rights correctly.


Relevant supplement 1:


Do financial products belong to the common property of husband and wife


Conclusion: The financial products purchased after marriage belong to the common property of husband and wife; The income from financial products purchased before marriage and after marriage belongs to the common property of the husband and wife.



The financial products purchased after marriage belong to the joint property of husband and wife; The income from financial products purchased before marriage and after marriage belongs to the common property of the husband and wife. According to the provisions of relevant laws in China, couples have equal rights to deal with common property.



Relevant supplement 2:


Does dowry belong to the common property of husband and wife


Conclusion: If the dowry is premarital Gifts If it is donated after registration, it shall be jointly owned by the husband and wife.



If the dowry is given before marriage, it shall be privately owned by the wife; if it is given after registration, it shall be jointly owned by the husband and wife.


The following properties belong to Joint property after marriage


(1) Wages, bonuses and labor remuneration;


(2) Income from production, operation and investment;


(3) Income from intellectual property;


(4) Inherited or donated property, with the exception of the third item of Article 1063 of this Law;


(5) Other properties that should be jointly owned.


2023-12-31 15:31:00 Reply
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