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Whether the contribution fees not received at the time of divorce can be divided

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Whether the contribution fees not received at the time of divorce can be divided


        

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  • 2024-06-24 11:00:57

    Specifically, the income from intellectual property refers to the property income that is actually obtained or has been clearly available during the marriage relationship. For its definition, it can be divided into the following situations: works created and published before marriage, if the contribution fee is obtained after marriage, it belongs to the actual acquisition during the duration of the marriage relationship, and it is the joint property of husband and wife; Although no contribution fee has been received for the works created and published after marriage, the contribution fee belongs to the property income that can be obtained during the duration of the marriage relationship. Even if it is realized after divorce, it is also the common property of the husband and wife; Works that have not been published at the time of divorce and have received royalties after divorce do not belong to the property that can be explicitly obtained during the existence of the marriage relationship, but belong to personal property. According to Article 17 of the Marriage Law, the following property acquired by the husband and wife during the period of marriage 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. Husband and wife have equal rights to dispose of jointly owned property.

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