According to the Marriage Law of the People's Republic of China:
Article 17 Husband and wife have property * * The following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife * * *:
(1) Wages and bonuses;
(2) Income from production and operation;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of all property.
Eighteenth in any of the following circumstances, the property of one spouse is the property of one spouse:
(1) one party's premarital property;
(2) Medical expenses, living allowance for the disabled, etc. Obtained by one party due to physical injury;
(3) Property determined to belong only to the husband or wife in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.
Article 19 Husband and wife property agreement Husband and wife may agree that the property acquired during the marriage relationship and the pre-marital property shall be owned, wholly or partially owned, and partially owned. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply.
The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties.
The husband and wife agreed that the property acquired during the existence of the marriage relationship should be owned by each other. If the third party knows the agreement, it should pay off all the property owned by the husband and wife.
Extended data:
Couples in our country have the following characteristics:
1, the subject of the same property is a married couple. Men and women who have not formed a marriage relationship, such as unmarried cohabitation, extramarital cohabitation, and men and women whose marriage is invalid or revoked, cannot become the subject of the same property.
2. 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.
3. The source of the joint property of husband and wife is the property acquired by both husband and wife or one of them, including both the property acquired by husband and wife through labor and other legal property acquired without labor.
Of course, unless the law directly stipulates that it is personal property, the husband and wife agreement is personal property. The premarital property of one spouse is the personal property owned by one spouse, and will not be transformed into the joint property of the husband and wife due to the continuation of the marriage relationship.
The "income" mentioned here refers to the acquisition of property rights and does not require the actual possession of property. "Married income" refers to the property rights acquired during the marriage relationship. That is, from the effective date of marriage to the effective date of death or divorce of one spouse.
4. Husband and wife have equal ownership of the same property, and both parties have 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.
5. If it cannot be proved that the property belongs to one of the spouses, it is presumed that the property of the spouses is the same. The Supreme People's Court 1993 1 1 Several Specific Opinions on the Handling of Divorce Cases by People's Courts (hereinafter referred to as the Opinions) stipulates that:
"For personal property or the property jointly owned by husband and wife, it is difficult to determine, and the party claiming rights has the responsibility to provide evidence. 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. " .
6, the division of the joint property of husband and wife, in principle, should be equally divided. Husband and wife have a property relationship. That is, both husband and wife, as * * *, enjoy equal ownership of all husband and wife's property, regardless of share.
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.
7. When one of the spouses dies and the estate is divided, 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 according to the inheritance law.
Baidu Encyclopedia-China People's Marriage Law