The so-called joint property of husband and wife refers to the property jointly owned by the husband and wife during the duration of the husband and wife relationship. According to Article 17 of the Marriage Law of China, "The following property acquired by the husband and wife during their marriage relationship shall be jointly owned by the 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. " Therefore, the common property of husband and wife in China has the following characteristics:
1. The subject of the joint property of husband and wife is the husband and wife who have a marital relationship. Men and women who have not formed a marital relationship, such as unmarried cohabitation, cohabitation outside marriage, and both men and women whose marriage is invalid or revoked, cannot become the subject of the joint property of husband and wife;
2. The joint property of husband and wife is the property acquired during the existence of the marriage relationship, and the pre marital property does not belong to the joint property of husband and wife. The duration of the marriage relationship is from the date of the conclusion of the legal marriage to the date of the death of one of the spouses or the effective date of divorce;
3. The source of the joint property of husband and wife is the property obtained by both parties or one party of the husband and wife, which includes both the property obtained by the husband and wife through labor and other legal property obtained through non labor. The term "income" here refers to the acquisition of property rights, which is conditional on "possession" in the case of movable property and "registration" in the case of immovable property. In addition, the Supreme People's Court's Several Specific Opinions on the People's Court's Handling of Property Division in the Trial of Divorce Cases stipulates that: "If it is difficult to determine whether personal property or joint property of husband and wife, the party claiming the right has the responsibility to provide evidence. If the party concerned cannot provide strong evidence and the people's court cannot verify, it shall be treated as joint property of husband and wife.". That is, the property that cannot be proved to belong to one of the husband and wife is presumed to be the joint property of the husband and wife.
