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How to distinguish husband and wife's common property and personal property

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How to distinguish husband and wife's common property and personal property


        

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  • 2024-06-25 12:00:03

    1、 [Joint property of husband and wife] The following property acquired by husband and wife during the marriage relationship 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.
    2、 [Property of one spouse] In any of the following circumstances, it is the property of one spouse:
    (1) Premarital property of one party;
    (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.
    3、 [Agreement on marital property] The husband and wife can agree that the property obtained during the marriage relationship and the premarital property shall be owned respectively, jointly, or partly, respectively, and partly jointly. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply. The agreement between husband and wife on the property acquired during the period of marriage and the property before marriage shall be binding on both parties. If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debts of the husband or wife to the outside world are known to the third party, the property owned by the husband or wife shall be used to pay off.

    No***

    2024-06-25 12:00:03

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