2. Article 17 of the Marriage Law of the People's Republic of China stipulates that the following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife:
Wages and bonuses;
Income from production and operation;
Intellectual property income;
Property obtained by inheritance or donation, except as provided for in Item 3 of Article 18 of this Law;
Other property that should be owned by * * *.
3. Husband and wife have equal right to dispose of all property owned by * *. According to the provisions of this article, marital property in China has the following characteristics:
The main body of the joint property of husband and wife is a married couple. Unmarried cohabitation, extramarital cohabitation and other men and women who have not formed a marriage relationship, and men and women whose marriage is invalid or revoked, cannot become the subject of the joint property of husband and wife.
The joint property of husband and wife is acquired during the marriage relationship, and the pre-marital property does not belong to the joint property of husband and wife. During the period of marriage, from the date of conclusion of legal marriage to the effective date of death or divorce of one spouse.
The source of the joint property of husband and wife is the property obtained by both spouses or one of them, including both the property obtained by husband and wife through labor and other legal property obtained by non-labor. Of course, unless the law directly stipulates that it is personal property or the husband and wife agree that it is personal property. The "income" mentioned here refers to the acquisition of property rights and does not require the actual possession of property. If one party obtains the property such as the manuscript fee before marriage, but does not actually obtain it, the manuscript fee after marriage shall be paid by the publishing house. At this time, the manuscript fee does not belong to the joint property of husband and wife. Similarly, if the publishing house promises to pay a fee after marriage, but does not get the fee until the marriage is dissolved, then the fee also belongs to the husband and wife's property.
Husband and wife enjoy equal ownership of the same property, and both parties enjoy equal rights and assume equal obligations. Husband and wife have equal rights to dispose of all property. In particular, unless otherwise agreed, the husband and wife shall obtain the consent of the other party for the disposal of the same property.
Property that cannot be proved to belong to one spouse is presumed to be the same property. The Supreme People's Court 1993 1 1 Several Specific Opinions of People's Courts on Handling the Division of Property in the Trial of Divorce Cases (hereinafter referred to as "Opinions") stipulates: "If it is difficult to determine the personal property or the joint property of husband and wife, the party claiming rights has the responsibility to prove it. If the parties can't produce strong evidence and the people's court can't verify it, it shall be treated as the joint property of the husband and wife. " This provision is the legal embodiment of this principle. There are similar regulations abroad. Article 226 of the Swiss Civil Code stipulates: "Any property that has no evidence to prove that it belongs to the personal property of one spouse is regarded as the joint property of the husband and wife."
In principle, the division of marital property should be equally divided. According to the actual needs of production and life, the source of property. , handled by both parties through consultation. If the agreement fails, the people's court shall, according to the specific circumstances of the property, take care of the rights and interests of children and women and make a judgment.
If one of the spouses dies and divides the estate, half of the marital property shall be given to the other spouse first, and the rest shall be the estate of the deceased, which shall be handled in accordance with the inheritance law.