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How to identify property after marriage

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How to identify property after marriage


        

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  • 2024-06-17 01:00:00

    The property of real estate after marriage is recognized as: if the house is a down payment made by one party before marriage, and the house is registered in the name of the down payment payer after marriage, the part of the house that is jointly repaid after marriage belongs to the common property of both the husband and the wife, which can be divided at the time of divorce. If the house is purchased with the joint property of the husband and wife after marriage, regardless of whose name it is registered, it is the property after marriage and belongs to the joint property of the husband and wife. In the case of divorce, both parties can ask for division. According to the relevant laws and regulations of our country, the following property obtained by the husband and wife during the marriage relationship is the joint property of the husband and wife, which belongs to the husband and wife: (1) wages, bonuses, 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.

    Legal basis

    Article 1062 of the Civil Code of the People's Republic of China [Common property of husband and wife] The following property acquired by husband and wife during the period of marriage shall be the common property of husband and wife, and shall be jointly owned by husband and wife:
    (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.

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