What belong to husband and wife common property?
Husband and wife is collective belongings is to show both sides of husband and wife concerns in marriage during putting add the belongings of earning. During marital relation puts add, be to point to rise from the marriage certificate that get, die to one party or stop when the divorce. Following belongings, both sides of Gui Fu wife is collective and all, both sides has conventional except additionally:
(One) salary, bonus;
(2) production, management profit;
(3) the accrual of intellectual property;
(4) the belongings of successive or donative earning, but marriage law the 18th except of the 3rd regulation;
(5) other ought to return collective all belongings.
During husband and wife puts add to marital relation, the belongings of earning agrees ambiguous husband and wife is collective and all.
Husband and wife is right collective all belongings, have equal discretion. One party of husband and wife puts the disciplinary action of the belongings during add to husband and wife, need to ask for those who get a spouse to agree.
Case: Chen Ming is the boss of a private company, 6 years ago, small beauty and he marries. Because Chen Ming job is busy, small beautiful abdication takes care of the husband and child in the home, assume housework. After marriage, chen Ming bought two flatlet, car and other household articles for use with management earning. Should not as a result of bilateral feeling later, small beauty puts forward to divorce, ask to break up husband and wife on average common property. Chen Ming does not agree, think to he relies on to raise the home completely after marriage, he purchases all property, small beauty does not have income, impartible the property that he purchases. Be troubled by for this both sides on court, final court basis " marriage law " the property that purchases after adjudicative marriage belongs to husband and wife common property, both sides ought to make the same score divide into equal parts to cut, the equal fee that cannot do not have income because of small beauty and affects her to be enjoyed to bilateral and common property and discretion.
What does the belongings of one party of husband and wife point to?
Personal property of alleged husband and wife, it is to show both sides of husband and wife is respective before marriage the peculiar of all belongings and individual of other husband and wife. Basis " marriage law " the 18th regulation: Have one of following state, for the belongings of one party of husband and wife, both sides has conventional except additionally:
(One) the belongings before the marriage of one party;
(2) the charge such as cost of the medical treatment cost that one party is obtained because of the body by harm, disabled extra allowance for living expanses;
(3) a Gui Fu decides in will or donative contract or wife the belongings of one party;
(4) articles for daily use of one party appropriative;
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