Teach you how to distinguish which property belongs to the couple after marriage and which is personal
Which property belongs to the joint property of husband and wife?
According to Article 1062, Paragraph 1, of the "People's Republic of China and Civil Code", "Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the People's Republic of China (People's Republic of China and Civil Code) (I)" Article 25 stipulates:
1. Wages, bonuses, and remuneration for labor services.
2. Income from production, operation, and investment. For example, if a husband and wife operate a store together, the income generated belongs to the joint property of the husband and wife.
3. Income from intellectual property rights, such as royalties received by one spouse, patent transfer fees, etc., are the joint property of both spouses.
4. Inherited or donated property, but this part of the property does not include property that is determined to belong to only one party in the will or gift contract.
5. Income obtained by one spouse from personal property investment.
6. The housing subsidies and housing provident funds that one spouse actually obtains or should obtain.
7. The basic pension and bankruptcy resettlement compensation actually obtained or should be obtained by one spouse. Both husband and wife have equal rights to handle property owned by a husband and wife.
What property is the separate property of one spouse?
Article 1063 of the "People's Republic of China and the Civil Code" and the "Supreme People's Court's Regulations on the Application of the (People's Republic of China and the People's Republic of China
Civil Code) Marriage and Family Code Explanation (1) Article 30 stipulates:
1. Pre-marital property of one spouse.
2. Compensation or compensation received by one spouse due to personal injury.
3. Property that is determined to belong to only one party in the will or gift contract.
4. Daily necessities for one spouse only.
5. Military casualty insurance, disability benefits, medical and living allowances.
Lawyer's Tips
It can also be agreed separately whether the pre-marital property of one spouse and the joint property acquired during the marriage are personal property.