ComeFrom: Author: EditDay:2023-12-05 18:19:05
Joint property of husband and wife: refers to the property jointly owned by husband and wife during the duration of the relationship. During the duration of the relationship refers to the husband and wife after her marriage to a death or divorce before this period of time, during which the property of husband and wife, in addition to the agreed, all belong to the common property of husband and wife. (1) salaries and bonuses; (2) earnings from production and operation; (3) earnings from intellectual property rights; (4) property derived from inheritance or gift, except as provided for in item 3 of article 18 of this law; (5) other property that should be owned jointly. Interpretation by the supreme people's court on the application of the marriage law of the People's Republic of China (2); Article 11 during the continuation of this relationship, the provisions of article 17 of the following property belongs to the marriage law of the other shall be owned by common property: (a) a party to a personal property investment income (2) men and women both parties obtained or shall obtain housing subsidies, the public accumulation fund for housing construction (3) of both the male and the female obtained or shall obtain endowment insurance gold, bankruptcy, resettlement compensation. Article 12 the term "income from intellectual property rights" as provided for in item 3 of article 17 of the marriage law refers to property gains actually or clearly available during the duration of a marriage. Article 13 the death insurance, disability allowance and medical living allowance for soldiers shall be personal property. Article 14 the people's court divorce cases involving issued under the name of military retired fee, the independent choosing the one-time charges such as cost, in order to husband and wife relationship remaining fixed number of year multiplied by the average year, the amount of income for the common property of husband and wife. The annual average as mentioned in the preceding paragraph refers to the amount of the total amount of the above-mentioned expenses paid to the name of a soldier divided equally according to the specific number of years. Its specific life span is the difference between the average life expectancy of 70 years and the actual age of a soldier when he joined the army. Article 15 both husband and wife common property segmentation of stocks, bonds, securities investment fund share, etc, as well as unlisted shares co., LTD., do not talk things over, or difficult to market distribution, number of the people's court may, according to the proportional distribution. (1) the property of one party before marriage; (2) medical expenses, living allowances for disabled persons and other expenses incurred by one party due to physical injury; (3) property identified in a will or gift contract as belonging only to the husband or wife; (4) articles of daily use exclusively for one party; (5) other property that should belong to one party. Interpretation by the supreme people's court on the application of the marriage law of the People's Republic of China (3); Article 7 after marriage by party a for their children to buy real estate, property right is registered in the sponsor children's name, can be in accordance with the law the provisions of article 18 of the first item (3), as a gift for their children only one party, the property shall be deemed to be a surviving spouse's personal property. Paid for by their parents to buy real estate, property right is registered in a child's name, the real estate can be regarded as the two sides in accordance with their respective parents share of co-ownership, except otherwise agreed by the parties.