Civil Code! What property is the common property of husband and wife during marriage?

Civil Code! What property is the common property of husband and wife during marriage?

List of property belonging to the same couple ***:

1. Wages, bonuses, and remuneration for labor services include movable and immovable properties.

2. Income from production, operation, and investment, such as entrepreneurship, real estate investment, etc.

3. Income from intellectual property rights, such as royalties, patent transfer fees, etc.

4. Inherited or donated property will only belong to one party unless it is confirmed in a will or gift.

5. Income obtained by one spouse from investment in personal property.

6. Housing subsidies and housing provident funds obtained by one spouse.

7. Basic pension obtained by one spouse.

8. Bankruptcy settlement compensation received by one spouse.

The property acquired by a husband and wife during the marriage relationship shall belong to the joint property of the husband and wife, unless otherwise provided by law or otherwise agreed upon by both parties. Both husband and wife have equal rights to handle property owned by a husband and wife. Legal reference: Article 1062 of the "People's Republic of China and Civil Code".

01. Is it legally binding for both husband and wife to agree that the property acquired during marriage belongs to each party?

A: Husband and wife can agree on the property acquired during marriage, and the agreement generally requires The following conditions must be met: both parties have the capacity for civil conduct; the expression of intention is true, and there is no situation where one party has been deceived or coerced;

03. It must be in writing.

Legal reference:

Article 1065 of the Civil Code stipulates that both men and women may agree that the property acquired during the marriage and the property before the marriage shall be owned by each other, jointly owned or part of it. Owned by each, and jointly owned by some parties. The agreement should be in writing. If there is no agreement or the agreement is unclear, the provisions of Articles 1062 and 1063 of this Law shall apply.

The relationship has broken down and there is no divorce certificate. Can the income of one party during the separation be considered as the same property?

A: Does the property acquired by the husband and wife during the separation belong to the husband and wife? *For the same property, a comprehensive judgment needs to be made based on factors such as the length of separation and whether the family or the other party contributed to the acquisition of the property.