First, does the stock income before marriage count as marital property?
No, but after marriage, the stock returns are the same as the real estate. The income from production and operation earned by husband and wife during the marriage relationship shall be jointly owned by husband and wife. This provision clearly defines the scope of determining the joint property of husband and wife. As a kind of income from production and operation, the value-added part of stocks should belong to the joint property of husband and wife as long as it is obtained during the marriage relationship. From the principle of distribution of burden of proof, if it is difficult to identify personal property or joint property of husband and wife, the party claiming the right shall bear the burden of proof. If the parties fail to produce strong evidence and the people's court cannot verify it, it shall be treated as the joint property of the husband and wife.
Article 1062 of the Civil Code: The following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to both 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 * * *.
Husband and wife have equal rights to dispose of the same property.
Second, what are the scope of husband and wife property?
1, salary and bonus
Here, "wages and bonuses" should be broadly understood, generally referring to wage income. At present, the basic salary of employees in China is only a part of personal income. In addition to the basic salary, there are various forms of subsidies, bonuses and benefits. There is even a certain range of physical distribution. These * * * isomorphic employees' personal income. Of course, in some modern enterprises or foreign-funded enterprises, there are also a certain proportion of high wages and benefits.
2. Intellectual property income
Intellectual property is a kind of intellectual achievement right, which is both a property right and a personal right. It has a strong personal nature and cannot be separated from people. The intellectual property acquired by one party after marriage is exclusive to the other party, and the rights are only exercised by the obligee. The author's spouse has no right to sign his work or decide whether it will be published. However, the economic benefits obtained from intellectual property rights belong to the joint property of husband and wife, such as the remuneration for publishing works and the transfer fee for transferring patents, which are owned by husband and wife.
3. Other property that should be owned by * * *.
This provision is general. With the development of social economy and the improvement of people's living standards, the scope of husband and wife's property is constantly expanding, and the types of husband and wife's property are also increasing. At present, marital property has developed from simple daily necessities to automobiles, real estate, stocks, bonds and even the whole company and enterprise, and some new types of property will appear in the future. The above four items only list the clearly defined property scope, and it is difficult to list them completely. Therefore, these general rules are formulated.
For the definition of marital property, the most important thing is to see whether it belongs to pre-marital property or post-marital property. What belongs to pre-marital income belongs to pre-marital personal property. If it is obtained after marriage, it belongs to the property after marriage without special provisions.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 1062 of the Civil Code of People's Republic of China (PRC), the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife, which belongs to husband and wife: (1) salary, bonus and labor remuneration; (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 * * *. Husband and wife have equal rights to dispose of the same property.