Articles 17 to 19 of the current marriage law make it clear that the joint property of husband and wife is acquired during the existence of the relationship between husband and wife, and stipulate the contents of the joint property of husband and wife in an enumerated and summarized way. The law also stipulates that the joint property of husband and wife can be divided by agreement and judgment.
At the time of divorce, if both parties have legal marriage property agreement, such agreement shall prevail. The unique property of one party belongs to itself. Husband and wife should generally share the same property equally, but they may not share it equally when necessary. In case of dispute, the people's court shall make a judgment according to law. The joint property of husband and wife means the property legally recognized by husband and wife during their life.
Property that both parties have the right to use can be material, capital or abstract property; When distributing property, use unified measurement standards and evaluate the distribution according to state regulations.
Including: (1) salary and bonus; (2) Income from production and operation; (3) the benefits of intellectual property rights; (4) Property acquired by inheritance or gift, except the property that is determined to belong exclusively to the husband or wife in the will or gift contract; (5) All other * * * properties.
Legal basis: According to Article 17 of the Marriage Law of the People's Republic of China, the following properties acquired by husband and wife during the marriage relationship are owned by both 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.