When divorcing property, we should distinguish personal property, marital property and family property. Divorce property should refer to the property that can be divided at the time of divorce, that is, the joint property of husband and wife, that is, the property acquired by both husband and wife after marriage and before divorce.
Although the society has opened up a lot now, the law has also stipulated that both husband and wife can agree to own, jointly own, and partly jointly own their property after marriage when or after marriage. However, according to Chinese traditional customs, newlyweds seldom sign premarital agreements or agree on the ownership of property after marriage. According to the law, the joint property of husband and wife includes:
1. Wages and bonuses 2. Income from production and operation 3. Income from intellectual property 4. Inherited or donated property, except for the property determined in the will or gift contract to belong only to the husband or wife 5. Income from one party's personal property investment 6. Housing subsidies actually obtained or should be obtained by both men and women Housing provident fund 7. The endowment insurance and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women 8. Both parties agree that their personal property should be jointly owned.
The above eight properties are the common property of the husband and wife. If there is no special agreement, both parties can claim to divide the property in case of divorce disputes.
Article 17 of the Marriage Law of the People's Republic of China
The following property acquired by 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 gift, except as provided 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.
Article 12 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II)
The term "income from intellectual property rights" as stipulated in Item 3 of Article 17 of the Marriage Law refers to the property income that is actually obtained or has been clearly obtainable during the marriage relationship.
