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Do the money and things given by parents to their children belong to the joint property of husband and wife

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Do the money and things given by parents to their children belong to the joint property of husband and wife


        

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  • 2024-06-22 15:00:50

    [Legal Opinion]
    Generally speaking, the property donated by parents after marriage is the common property of both husband and wife unless otherwise specified. However, if it is clearly stated in the contract that the house property is donated to one of the husband and wife, the property donated by the parents belongs to the recipient of the husband and wife, so it can be identified as the personal property of one of the husband and wife, and the husband or wife has no right to request the division of this part of the property.
    [Legal Basis]
    Marriage Law
    Article 17 [Common property of husband and wife] 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 18 [The property of one spouse] shall be the property of one spouse in any of the following circumstances:
    (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) Property specified in the will or gift contract to belong only to the husband or wife
    (4) Daily necessities for one party
    (5) Other properties that should belong to one party.

    R***

    2024-06-22 15:00:50

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