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Is leasehold the common property of husband and wife

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Is leasehold the common property of husband and wife


        

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  • 2024-05-26 03:01:10

    The leasehold right is the common property of the husband and wife. During the marriage relationship, the leasehold right and sublease right of the shop obtained by one of the husband and wife have the nature of property rights, which can bring property benefits;

    According to the legal characteristics of the lease relationship, it should be recognized as other forms of other jointly owned property of one or both of the husband and wife, which also belong to the joint property of the husband and wife.

    [Legal basis] According to Article 1062 of the Civil Code, the following property acquired by the husband and wife during the marriage relationship is the joint property of the husband and wife, which shall be jointly owned by the husband and wife:

    (1) Wages, bonuses and labor remuneration;

    (2) Income from production, operation and investment;

    (3) Income from intellectual property;

    (4) Inherited or donated property, with the exception of the third item of Article 1063 of this Law;

    (5) Other properties that should be jointly owned.

    Husband and wife have equal rights to dispose of their common property.

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