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Division, determination and undertaking of joint property of husband and wife

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Division, determination and undertaking of joint property of husband and wife


        

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  • 2024-06-25 03:01:00

    1. What is the joint property of husband and wife? What is the content of the joint property of husband and wife? Article 17 of the Marriage Law of the People's Republic of China stipulates: "The following property obtained by husband and wife during the duration of marriage shall be jointly owned by husband and wife:
    (1) Salary and bonus;
    (2) Income from production and operation;
    (3) Income from intellectual property;
    (4) Property derived from inheritance or donation, except as provided for in Item 3 of Article 18 of this Law;
    (5) Other properties that should be jointly owned The husband and wife have equal rights to deal with the jointly owned property "Article 11 During the duration of marriage, the following properties belong to other properties that should be jointly owned as stipulated in Article 17 of the Marriage Law:
    (1) The income obtained from the investment of one party's personal property;
    (2) Housing subsidies and housing provident fund actually obtained or should be obtained by both men and women;
    (3) The benefits of intellectual property rights stipulated in Item 3, Article 17 of the Marriage Law, which are actually obtained or should be obtained by both men and women, refer to the property benefits actually obtained or clearly available during the marriage relationship, which are generally divided equally between the husband and wife's common property, However, they will take care of the interests of children and women. If the foreign debts borrowed jointly during the existence of the husband and wife relationship belong to the joint debt of the husband and wife, the foreign debts borrowed by one party but used for the family life belong to the joint debt of the husband and wife
    4、 Compensation of the fault party to the non fault party Article 46 of the Marriage Law has the following circumstances
    1、 If divorce is caused, the innocent party has the right to claim compensation:
    (1) Having bigamy;
    (2) The person with spouse cohabits with another person;
    (3) Domestic violence;
    (4) The most difficult thing here for abusing and abandoning family members is to provide evidence, that is, the judicial trend of divorce cases that are very difficult to collect evidence: from more than a dozen divorce cases handled by Luo Guangfei in the last year, the court has considered the responsibility of the fault party for causing family breakdown in its judgments, and has given more points to the non fault party when considering the size of the fault, The disputes are all divided at 4:6 or 55:45, which is a very good phenomenon. In addition, the court's judgment on mental damage compensation is generally between 30000 yuan and more than 100000 yuan, but the amount of Foshan court's judgment is obviously low. Several divorce case judgments obtained are basically judgments on mental damage compensation of 10000 yuan, so there are obvious differences between different courts in judicial practice

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