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The first paragraph of Article 19 of the Marriage Law stipulates that: "Husband and wife may agree that the property acquired during the marriage relationship and the premarital property shall belong to their own, joint ownership, or part of their own, or part of their joint ownership. The agreement shall be in writing. If there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply.".
Article 17 of the Marriage Law stipulates the scope of property that should be jointly owned by the husband and wife during the existence of the marriage relationship, that is, the following property acquired by the husband and wife during the existence of the marriage relationship should be jointly owned by the husband and wife:
(1) Wages and bonuses refer to the wages, bonus income and various welfare policy income and subsidies of one or both parties during the existence of the husband wife relationship;
(2) The income from production and operation refers to the income from production and operation of one or both of the husband and wife during the duration of the husband and wife relationship;
(3) The income of intellectual property refers to the income of intellectual property owned by one or both of the husband and wife during the duration of the husband and wife relationship;
(4) The property derived from inheritance or donation refers to the property derived from inheritance and donation by one or both parties during the duration of the husband wife relationship. The income from inheritance refers to the acquisition of property rights, not the actual possession of property. Even though they did not actually possess the property before the termination of the marital relationship, as long as the inheritance occurred during the duration of the marital relationship, the inherited property is also the joint property of the husband and wife, with the exception of the third item of Article 18 of this Law;
(5) Other properties that should be jointly owned.
(6) The housing subsidies and housing provident fund actually obtained or should be obtained by both parties.
(7) The endowment insurance benefits and bankruptcy resettlement compensation actually obtained or should be obtained by both parties.
(8) During the duration of the marriage relationship, the one-time expenses such as demobilization fees and self employment fees paid to the military should be shared by some couples.
Article 18 stipulates the property scope of the husband and wife. That is, under any of the following circumstances, it is the property of one of the spouses: (1) premarital property of one of the spouses; (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.
