What property belongs to both husband and wife? Article 17 of China's Marriage Law stipulates: "The following property acquired by husband and wife during the marriage relationship shall be owned by both husband and wife: (1) wages and bonuses; (two) income from production and operation (only income, such as taking pre-marital property to do business, and then getting married, the money earned from doing business is the same property, but the capital is still owned by the individual); (three) intellectual property income (patents, books and other expenses); (4) Property acquired by inheritance or gift, except as stipulated in Item 3 of Article 18 of this Law (if there is a will at the time of inheritance, it belongs to personal property); (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of all property. " Article 1 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Marriage Law stipulates: "During the marriage relationship, the following properties belong to other properties that should be owned by * * * as stipulated in Article 17 of the Marriage Law: (1) income obtained by one party through personal property investment; (2) Housing subsidies and housing accumulation funds actually obtained or should be obtained by both men and women; (3) Pension insurance and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women. " Article 12 stipulates: "The' intellectual property income' as stipulated in Item 3 of Article 17 of the Marriage Law refers to the property income actually obtained or can be clearly obtained during the marriage relationship."
Article 18 of China's Marriage Law stipulates: "In any of the following circumstances, it is the property of one of the spouses: (1) the pre-marital property of one of the spouses; (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; (5) Other property that should be owned by one party. " Article 13 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Marriage Law stipulates: "Military casualty insurance, disability allowance and medical living allowance belong to personal property."
For the distribution of property with * * * *, if both husband and wife reach an agreement through consultation, the agreement shall prevail. If no agreement can be reached, the defendant will go to court, and the court will allocate it reasonably, generally according to the principle of contributing to the family and benefiting the woman. Among them, family contribution is not only a contribution to increasing family income, but also a contribution to the family if they are responsible for housework at home and therefore have no employment.
Therefore, if you really intend to divorce, it may be beneficial for you to take the form of litigation divorce. If you really want to sue for divorce, you should pay attention to the malicious transfer of property. If you notice that the other party has transferred the property (there is evidence), you can ask the court for property preservation.