The Marriage Law clarifies that the joint property of husband and wife is the property obtained during the existence of the husband and wife relationship, and stipulates the content of the joint property of husband and wife in the form of enumeration and generalization. The law also stipulates that there are two methods for the division of joint property of husband and wife, namely, agreement division and judgment division. At the time of divorce, if both parties have legally agreed on marital property, the agreement shall prevail. The unique property of one party belongs to itself. Generally, the joint property of husband and wife should be divided equally, or unequal when necessary. If there is a dispute, the people's court should make a judgment according to law.
The second paragraph of Article 19 of the Marriage Law stipulates that "the agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage shall be binding on both parties". That is, once the property is agreed to be jointly owned by the husband and wife, it has legal effect and cannot be changed at will.
In the marital property system defined in the existing Marriage Law of the People's Republic of China, the legal system of marital joint property and the agreement system of marital joint property have been established. According to the content of the marital property system of our country, the marital common property of our country consists of two parts: the legal marital common property and the agreed marital common property. The details are as follows:
