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Does the marital property include betrothal gifts

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Does the marital property include betrothal gifts


        

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  • 2024-06-06 04:00:00

    First of all, betrothal gifts do not have legal connotation, but are the scope of folk customs. Bride gifts refer to gifts, also called betrothal gifts, which means that after the love relationship between the man and the woman is confirmed, according to local customs, the man gives the woman a certain amount of cash or property before marriage, indicating his sincerity to enter into marriage with the other party.

    Secondly, betrothal gifts may become common property during marriage. For example, if the betrothal gifts received are used for production and operation, their income can be regarded as the joint property of the husband and wife. The common property will involve the division of divorce property.

    Thirdly, the following contents belong to the joint property of husband and wife:

    The income generated by one spouse's personal property after marriage, except for the fruits and natural appreciation, should be recognized as the joint property of the husband and wife.

    A house leased by one party before marriage and purchased with common property after marriage, if registered in the name of one party, shall be recognized as the joint property of husband and wife.

    Wages, bonuses and labor remuneration; Income from production, operation and investment; Income from intellectual property; Inherited or donated property, except that only one party is included in the gift or inheritance contract;

    Finally, if both parties have gone through the marriage registration procedures at the same time of filing for divorce but do not live together or make premarital payments, which leads to difficulties for the payer, it can be returned as premarital personal property.

    [Legal Basis]

    Article 1062 of the Civil Code of the People's Republic of China states that the following property acquired by the husband and wife during the period 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;

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