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Does the wife's dowry belong to the husband and wife's common property or personal property?

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Does the wife's dowry belong to the husband and wife's common property or personal property?


        

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  • 2024-06-23 12:00:48

    [Legal Opinion]
    The betrothal gifts are given to the parents in law and do not belong to the common property of husband and wife. If the parents in law give the daughter again and do not state that only the daughter is given, it will be regarded as a joint gift of the husband and wife, and this situation belongs to the joint property of the husband and wife.
    [Legal Basis]
    Marriage Law
    Article 17
    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 donation, except as provided for 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 18
    Under any of the following circumstances, it shall be the property of the husband and wife:
    (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.
    Article 19
    The husband and wife may agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership, or part of their own ownership, part of their joint ownership. 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.

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