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How to understand that the husband or wife has equal rights to deal with the property jointly owned by the husband and wife

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How to understand that the husband or wife has equal rights to deal with the property jointly owned by the husband and wife


        

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  • 2024-06-04 21:01:40

    The provision of equal rights of treatment should be understood as:

    (1) The husband or wife has equal rights in dealing with the joint property of husband and wife. Either party has the right to decide on the disposal of the joint property of the husband and wife for the needs of daily life.

    (2) If the husband or wife makes an important decision on the disposition of the joint property of the husband and wife not because of the need of daily life, the husband and wife shall consult on an equal basis and reach an agreement. If others have reason to believe that it is the common intention of both husband and wife, the other party shall not oppose the bona fide third party on the ground of disagreement or ignorance.

    [Legal Basis]

    Article 1062 of the Civil Code states that the following property acquired by the husband and wife during the duration 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;

    (5) Other properties that should be jointly owned.

    Husband and wife have equal rights to dispose of their common property.

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