1. If both parties agree that personal investment belongs to an individual, the individual's investment belongs to personal property, not to the same property. If there is no agreement or agreement between husband and wife that the personal investment belongs to the husband and wife, the income belongs to the husband and wife's property;
2. As long as both parties have not agreed that the income after marriage belongs to each other, the income from individual investment before marriage belongs to the joint property of husband and wife after marriage. At the time of divorce, both husband and wife can divide their married income according to their common property.
1. What are the principles of divorce property division?
1, adhere to the principle of equality between men and women: when dividing the same property, both parties have equal rights, and one party shall not give less or less part of the property because of its low economic income and no economic income;
2. Adhere to the principle of taking care of children and women's interests: at present, there is still a certain gap between women's economic conditions and men's, and the division of property should properly take care of the interests of women and children and give more property to the party raising underage children;
3. The principle of caring for the innocent party: If domestic violence, maltreatment or abandonment of family members are caused by bigamy or cohabitation of a spouse with others, the innocent party has the right to claim damages. But if you are at fault, it doesn't mean you will "go out of the house";
4. The principle of fairness: the economic interests of both husband and wife should be liquidated at the time of divorce, such as the contribution of both husband and wife to housework and raising children, the decline of one's living standard after divorce, and the proper arrangement of changing houses after divorce;
5. Respect the wishes of the parties, and the principle that the property agreement takes precedence over the law: citizens have the right to dispose of their own property and can deal with the property problems of both parties in various forms.
Second, what circumstances belong to one party's property?
1, one party's premarital property;
2. Medical expenses, living allowance for the disabled and other expenses obtained by one party due to physical injury;
3. Property that belongs only to the husband or wife is determined in the will or gift contract;
4. Daily necessities for one party;
5. Other property that should be owned by one party.
To sum up, there is an agreement from the agreement. If there is no agreement, according to the law, the income from personal property investment before marriage belongs to the joint property of husband and wife. That is, personal investment income is the common property of husband and wife.
Legal basis:
Article 1062 of the Civil Code of People's Republic of China (PRC) 1
The following property acquired by the husband and wife during the marriage relationship is the common property of the husband and wife and belongs to the husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *.