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Does insurance count as joint property of husband and wife

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Does insurance count as joint property of husband and wife


        

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  • 2024-06-05 18:00:50

    Whether the insurance belongs to the joint property of husband and wife depends on the situation:

    1. Personal assets involved in insurance contracts mainly include insurance premiums, policy dividends, cash value of surrender, pensions, insurance claims and other items.

    2. However, whether the personal property related to these insurance contracts is included in the joint property after marriage depends on the specific circumstances. Unless the insurance contract or the husband and wife have special agreement, in most cases, the insurance premium, policy income, cash value and pension belong to the common property of married couples.

    (1) If the endowment insurance and medical insurance are obtained after marriage, they should be regarded as joint property of husband and wife without special ownership agreement.

    (2) In many cases, there is no husband and wife relationship in the insurance relationship, nor pre marital and post marital problems, because the insurance benefits cannot be divided as property, but belong to the beneficiaries. If the death and disability insurance benefits obtained by one of the husband and wife as the designated beneficiary, they do not belong to the joint property of the husband and wife.

    (3) Casualty insurance benefits, disability subsidies and medical and living subsidies for servicemen belong to personal property.

    (4) At the time of divorce, if one of the husband and wife has not retired and does not meet the basic pension requirements, and the other party requests to split the basic pension according to the husband and wife's common property, the people's court will not support it; After marriage, the basic endowment insurance premium is paid with the joint property of the husband and wife. When divorce occurs, if one party claims to divide the part of the pension account actually paid by individuals during the marriage relationship and the interest as the joint property of the husband and wife, the people's court should support it.

    [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.

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