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How to correctly understand the nature of marital property

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How to correctly understand the nature of marital property


        

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  • 2024-06-23 17:00:01

    Property after marriage refers to all kinds of property obtained by either party of the husband and wife during the duration of the husband and wife relationship. The marital property is not exactly equal to the joint property of husband and wife. The marital property can be divided into the marital joint property and the marital personal property, as follows:
    1. If the property acquired after marriage belongs to the joint property of the husband and wife, it shall be stipulated in Article 17 of the Marriage Law, including wages and bonuses; Income from production and operation; Income from intellectual property; Property derived from inheritance or donation, except as provided for in Item 3 of Article 18 of this Law; Other properties that should be jointly owned.
    2. If the property acquired after marriage belongs to one of the husband and wife, it shall be stipulated in Article 18 of the Marriage Law, which specifically includes: medical expenses, living allowances for the disabled and other expenses received by one party due to physical injury; The property determined in the will or gift contract to belong to the husband or wife only; Daily necessities for one party; Other properties that should belong to one party.
    To sum up, marital property may also belong to one of the spouses. Generally speaking, the marital property belonging to one spouse includes the following aspects:
    1. Article 18 of the Marriage Law shall be the property of the husband and wife under the following circumstances. Including: premarital property of one party; Medical expenses and living allowance for the disabled received by one party due to physical injury; The property specified in the will or gift contract only belongs to the husband or wife; Daily necessities for one party.
    2. The property specified in Article 22 of Interpretation 2 of the Marriage Law is the property of one spouse. Before the marriage of the parties concerned, if the parents contributed to the purchase of houses for both parties, the contribution shall be recognized as a gift to their children and personal property.
    After the parties get married, their parents contribute to the purchase of a house for both parties, and clearly indicate that what is donated to one party is the personal property of the other party.
    3. According to Article 7 of Interpretation 3 of the Marriage Law, the real estate purchased by one parent for the child after marriage, if the property right is registered in the name of the child of the contributor, is the personal property of the husband and wife.

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