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It is the joint property of husband and wife

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It is the joint property of husband and wife


        

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  • 2024-06-26 11:00:55

    First: Article 17 of the Marriage Law stipulates that the following property obtained by the husband and wife during the duration of the marriage relationship belongs to the joint property of the husband and wife:
    (1) Salary and bonus
    (2) Income from production and operation
    (3) Income from intellectual property
    (4) The property obtained from inheritance or donation, except for the property determined in the will or donation contract to belong only to the husband or wife. Article 11 of Interpretation 2 of the Marriage Law stipulates that the following property during the marriage relationship is the joint property of husband and wife
    (1) Income from personal property investment of one party
    (2) Housing subsidies and housing provident fund actually obtained or should be obtained by both men and women;
    (3) The endowment insurance benefits and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women Third: Article 22 of Interpretation II of the Marriage Law;
    (1) Before the marriage of the parties, the parents contributed to the purchase of the house for both parties, and clearly indicated that the gift to both parties was the joint property of the husband and wife
    (2) After the parties get married, their parents' investment in the purchase of houses for both parties is the joint property of the husband and wife. Article 4: Interpretation 3 of the Marriage Law, Article 5 stipulates that the income generated from the personal property of one party of the husband and wife after marriage, except for the fruits and natural appreciation, belongs to the joint property of the husband and wife. Article 5: Interpretation 3 of the Marriage Law, Article 7, Paragraph 2 stipulates that the real estate purchased by both parents' investment, If the property right is registered in the name of a child of one party, the real estate can be recognized as shared by both parties according to their parents' share of capital contribution. The above five situations basically sum up the situations that belong to common property, but the real life is rich and varied, and it is impossible to sum up all the above five situations. The specific situations need to be carefully analyzed and classified. Under what circumstances is personal property: Article 18 of the Marriage Law refers to the property of the husband and wife under the following circumstances
    (1) Premarital property of one party
    (2) Medical expenses and living allowance for the disabled received by one party due to physical injury
    (3) The property specified in the will or gift contract only belongs to the husband or wife
    (4) One party's exclusive articles of daily use II: Article 22 of Interpretation II of the Marriage Law stipulates that if the parents make capital contributions for the purchase of houses by one of the property parties of the husband and wife before marriage, the capital contributions should be recognized as personal gifts to their children. If the parents make capital contributions for the purchase of houses by both parties after marriage, It is also clearly stated that the personal property donated to one party is the personal property of the other party. Third, Article 7 of Interpretation 3 of the Marriage Law stipulates that the real estate purchased by one party's parents for their children after marriage, if the property right is registered in the name of the contributor's children, the real estate is the personal property of the husband and wife. Article 18 stipulates the property scope of the husband and wife. That is, under any of the following circumstances, it is the property of the husband and wife:
    (1) Premarital property of one party;
    (2) Medical expenses, living allowance for the disabled and other expenses received by one party due to physical injury;
    (3) The property determined in the will or gift contract to belong to the husband or wife only;
    (4) Daily necessities for one party;
    (5) Other properties that should belong to one party.

    y***

    2024-06-26 11:00:55

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