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Is insurance personal property or joint property of husband and wife

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Is insurance personal property or joint property of husband and wife


        

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  • 2024-06-06 14:00:02

    1. If the applicant and the insured are both husband and wife and are in the insurance period at the time of divorce, and the applicant is unwilling to continue to apply for insurance, the cash value of the insurance policy returned by the insurer shall be treated as husband and wife's common property; If the applicant chooses to continue to apply for insurance at the time of divorce, the applicant shall pay half of the cash value of the policy to the other party.

    2. During the marriage relationship, the insurance benefits of personal nature obtained by one of the husband and wife as the insured under the accident insurance contract and the health insurance contract, or the insurance benefits obtained by one of the husband and wife as the beneficiary under the life insurance contract with death as the payment condition, should be recognized as personal property, unless otherwise agreed by both parties.

    3. During the duration of the marriage relationship, the insurance benefits obtained by one of the husband and wife according to the insurance contract with cash value that takes survival to a certain age as the payment condition should be recognized as the joint property of the husband and wife, unless otherwise agreed by both parties.

    According to the Civil Code, the following property acquired by a husband and wife during the period of their marriage is their common property:

    (1) Wages, bonuses and labor remuneration;

    (2) Income from production, operation and investment;

    (3) Income from intellectual property;

    (4) Inherited or donated property, except the property specified in the will or gift contract as belonging to only one party;

    (5) The income obtained from the investment of one party's personal property;

    (6) Housing subsidies, housing provident fund, basic pension and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women.

    [Legal Basis]

    Article 1062 of the Civil Code states that the following property acquired by the husband and wife during the duration of their marriage shall be the joint property of the husband and wife and shall be jointly owned by them:

    (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.

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

    S***

    2024-06-06 14:00:02

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