You and your wife should share the same property, so your mother-in-law should compensate you. The basis is as follows:
The following properties acquired by the husband and wife during the marriage relationship shall be owned jointly by the husband and wife:
(1) Salaries and bonuses;
(2) Income from production and operation;
(3) Income from intellectual property rights;
(4) Property obtained from inheritance or donation, except for Article 18, Paragraph 3 of the Marriage Law Except as provided;
(5) Other property that shall belong to the consortium.
Husband and wife have equal rights to handle property owned jointly by ***.
Interpretation: This article is about the provisions of the same property between husband and wife.
1. How to define the duration of the marital relationship: The duration of the marital relationship refers to the period from the date when the couple registered their marriage to the date when the marriage relationship is terminated. That is, from the date when the marriage relationship takes effect until the death of one spouse or the effective date of divorce. It includes not only the period during which the husband and wife live together after marriage, but also the period after registration before cohabitation, the period during which the husband and wife separate after marriage, and the period when one party files a divorce lawsuit in the People's Court, the People's Court approves divorce mediation, or the judgment has not yet taken effect. . Specifically, we should pay attention to the following aspects:
First, a legal marriage starts from the date of receiving the marriage certificate until the death of one spouse or the effective date of divorce;
Second, 1994 Before the "Marriage Registration Management Regulations" came into effect on February 1, if a man and a woman lived together in the name of husband and wife without registering their marriage, and it was recognized as a de facto marriage, the marriage relationship would last from the date of cohabitation.
Third, after the implementation of the "Marriage Registration Management Regulations" on February 1, 1994, a man and a woman live together as husband and wife without registering a marriage. If both men and women apply for a new marriage registration in accordance with the provisions of Article 8 of the Marriage Law, they will no longer be eligible for marriage registration. The calculation starts when both parties meet the substantive requirements for marriage stipulated in the Marriage Law. Fourth, the period during which the husband and wife are separated or the divorce judgment has not taken effect shall still be the period of subsistence of the marriage relationship.
Fourth, the period of love or engagement does not belong to the duration of the marriage relationship.
2. What is the matrimonial property system? The matrimonial property system is the legal system that stipulates the property relationship between husband and wife, including the ownership, management, use, income and disposal of the couple’s pre-marital property and property acquired after marriage, as well as family life. The burden of expenses, the settlement of marital debts, the liquidation and division of marital property when the marriage is terminated, etc. The core is the issue of ownership of the property before the marriage and the property acquired after the marriage.
The law establishes a marital property system and adjusts the property relationship between husband and wife, which is of great significance for protecting the legal rights and property interests of husband and wife, maintaining an equal and harmonious family relationship, and ensuring the safety of transactions between husband and wife and third parties.
3. According to the provisions of this article, my country’s marital property has the following characteristics:
1. The subjects of the marital property are the married couples. Men and women who have not formed a marital relationship, such as unmarried cohabitation, extramarital cohabitation, etc., as well as men and women whose marriage is invalid or revoked, cannot become the subject of the joint property of the couple.
2. The joint property of husband and wife is the property acquired during the marriage relationship. The property before marriage does not belong to the joint property of husband and wife. The duration of the marriage relationship starts from the date of legal marriage and ends with the death of one spouse or the date of divorce.
3. The source of the joint property of husband and wife is the property obtained by both spouses or one party, including property obtained by the husband and wife through labor, and other legal property not obtained by labor. Of course, the law directly Exceptions are those that are stipulated as personal property and those that are agreed upon by husband and wife as personal property. The premarital property of one spouse is the individual property owned by one spouse and will not be converted into joint property of the spouses due to the continuation of the marriage relationship. The “income” mentioned here refers to the acquisition of property rights and does not require actual possession of the property. "Income obtained after marriage" means that the property rights were acquired during the marriage relationship. That is, from the date when the marriage relationship takes effect until the death of one spouse or the effective date of divorce.
4. Husband and wife have equal ownership of the same property. Both parties enjoy the same rights and bear the same obligations. Husband and wife have equal rights to dispose of property owned jointly. In particular, the disposal of the joint property by one spouse must obtain the consent of the other party, unless otherwise agreed.
5. Property that cannot be proven to belong to one spouse is presumed to be the joint property of both spouses. The Supreme People's Court's "Several Specific Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases" (hereinafter referred to as the "Opinions") issued by the Supreme People's Court in November 1993 stipulates: "If it is difficult to determine whether personal property or joint property of husband and wife, it is advocated that The party with the right has the responsibility to provide evidence. If the parties cannot provide strong evidence and the people's court cannot verify it, the property shall be treated as separate property."
6. When dividing the joint property of husband and wife, it should be divided equally in principle. The same property between husband and wife is a kind of marriage that has a relationship with each other. That is, both husband and wife, as the first couple, enjoy equal ownership of all marital property without any distinction between shares. According to the actual needs of production and life, the source of the property, etc., the matter shall be handled by agreement between the two parties. If an agreement cannot be reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking into account the rights and interests of the children and the woman.
7. If one spouse dies and the estate is divided, half of the joint property of the spouses should first be divided into the possession of the other spouse, and the remaining property shall be the estate of the deceased and shall be handled in accordance with the inheritance law.
IV. Regarding the scope of the same property between husband and wife and matters needing attention:
1. The scope of the same property between husband and wife:
1) Salary ,bonus. The "salary and bonus" here should be understood in a broad sense, generally referring to salary income. In fact, the basic salary is only a part of personal income. In addition to the basic salary, there are various forms of subsidies, bonuses, benefits, etc., and even There is a certain range of physical distribution, and these incomes fall within the scope of the husband and wife's joint property.
2) Income from production and operation. Production and operation means that one or both spouses are registered in accordance with the approval and are engaged in industrial and commercial operations in the name of individual industrial and commercial households; in accordance with the provisions of the contract contract, they are engaged in commodity operations in the name of rural contracted operations; they are engaged in partnership operations in the name of individual partnerships; in accordance with the sole proprietorship Engage in production and business activities in accordance with the provisions of laws or company laws. For couples who use the joint property of the spouses to invest after marriage, the income derived from the joint operation of one or both parties shall belong to the joint property of the spouses, and there is no dispute. If one spouse invests or operates his or her personal property, or uses the joint property of the spouses without the consent of the other party, should the income derived from production and business operations be considered the joint property of the spouses? According to the provisions of paragraph 2 of this article, the income from production and business operations between the husband and wife during the marriage relationship shall be owned jointly by the husband and wife. The "production and operating income" here includes not only farmers' income from production labor, but also production and operating income from industry, service industry, information industry and other industries.
3) Income from intellectual property rights.
Intellectual property rights are the rights that people enjoy in accordance with the law regarding the results of their intellectual activities and the marks and reputations in their business and management activities, including copyrights, neighboring rights, trademark rights, trade name rights, trade secret rights, and patents. rights, invention rights, discovery rights and other scientific and technological achievement rights. Intellectual property rights are a combination of personal rights and property rights. Property rights refer to the rights of intellectual property holders to obtain benefits from their intellectual property rights in accordance with the law. Intellectual property rights are a new type of civil rights and an intangible property right that is different from property ownership. As to whether the intellectual property rights acquired by one spouse after marriage is the joint property of the couple, the following aspects should be considered:
First, the personal rights in intellectual property rights belong exclusively to the intellectual property owner and will not ***Have occurred in the marriage relationship.
Second, property in intellectual property rights should be resolved based on the theory of expectation rights (expected benefits) and vested rights (vested interests) and relevant laws.
During the marriage, one of the spouses has not entered into a use or transfer contract with others for their intellectual property, nor has they used or implemented it themselves. The economic benefits of the intellectual property are only an expectation right, and the property The rights cannot belong to the spouses; if one spouse as the intellectual property owner has signed a use contract with another person, regardless of whether the intellectual property owner has implemented it and received remuneration, the remuneration will be the property of the spouses.
Third, the income from intellectual property rights refers to the property income that is actually obtained or has been clearly obtained during the marriage relationship.
Intellectual property is a kind of intellectual achievement right. It is both a property right and a personal right. It has a strong personal character and is inseparable from the person. The intellectual property rights acquired by one party after marriage belong to the other party. It is exclusive, and the rights can only be exercised by the right holder. The author’s spouse has no right to sign his name in his work, nor can he decide whether the work is published. However, the economic benefits obtained from intellectual property rights are the property of the spouses. For example, the royalties obtained from the publication of works, the transfer fees obtained from the transfer of patents, etc., belong to the spouses jointly.
4) Property obtained through inheritance or gift, except property determined to belong only to the husband or wife in the will or gift contract. The same property system focuses more on the family, which is the living entity composed of husband and wife, rather than individuals. Under this system, the property inherited by one spouse through legal inheritance or testament shall belong to the same individual. Wage income and intellectual property income are the same as property necessary to satisfy the existence of a marital union, and should be owned jointly by the husband and wife. Legally inherited property belongs to the husband and wife alone, and does not expand the scope of legal heirs. In testamentary inheritance, the property handed over to one spouse by the testator can be regarded as property left to the entire family. If the testator’s original intention is If it is only given to one spouse and the spouse is not allowed to share it, it can be specified in the will to determine that the property belongs to only one party. According to the provisions of Paragraph 4 of this Article and Paragraph 3 of Article 18, the estate is not that of the couple*** The same property is the unique property of one party. Regarding donated property, property donated to one spouse can be regarded as property donated to the entire family and owned jointly by both spouses. If the donor only wants to donate it to one spouse, he can specify in the gift contract that the property belongs only to one of the spouses. Owned by one party.
5), other property that should be owned by ***. This provision is a general provision. With the development of social economy and the improvement of people's living standards, the scope of joint property between husband and wife is constantly expanding, and the types of joint property are constantly increasing.
According to the provisions of Article 11 of the "Interpretations of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China and the People's Republic of China (2)", "Other property that should be owned by the contract" is Including: first, the income obtained by one party from personal property investment; second, the housing subsidies and housing provident funds that both men and women actually obtain or should obtain; third, the pension insurance and bankruptcy resettlement compensation that both men and women actually obtain or should obtain.
6) According to Article 2 of the Supreme People's Court's "Several Specific Opinions on Handling Property Division Issues in the Trial of Divorce Cases" (November 3, 1993), the income earned by both spouses during the marriage relationship shall Property, for the sole purpose of husband and wife, includes: first, the income from labor and purchased assets of one or both parties; second, the property inherited or donated by one or both parties; third, the economic benefits obtained by one or both parties from intellectual property rights; The fourth is the income from one or both parties engaging in production and operating activities such as contracting and leasing; the fifth is the creditor's rights obtained by one or both parties; and the sixth is other legal income of one or both parties.
2. When determining the scope of joint property between husband and wife, attention should be paid to the following issues:
1) The scope of joint property between husband and wife is limited to one or both spouses. Property acquired during marriage. The pre-marital property of one spouse is the individual property acquired by one spouse and will not be converted into the joint property of the spouses due to the continuation of the pre-marital relationship.
2) Property acquired after marriage refers to property rights acquired during the marriage relationship. That is, from the date when the marriage relationship takes effect,
until the death of one spouse or the effective date of divorce.
3) The relationship between husband and wife’s common property and personal property. The property acquired by one spouse after marriage, unless it is owned by one spouse individually in accordance with the provisions of Article 18 of the Marriage Law or the couple's agreement, is the joint property of the spouses. Therefore, for some property acquired after marriage, if one spouse claims that it should be his or her individual property, it should be deemed as joint property of the spouses. If it is unclear whether it is the pre-marital property of one party or the property acquired after marriage, it should also be determined as the joint property of the husband and wife.
4. Husband and wife have equal rights to handle property owned jointly by both parties. This is the regulation on how husband and wife can exercise ownership rights over the same property. The nature of the property owned by the husband and wife is that they are owned jointly, not by shares. Therefore, the husband and wife should enjoy the same rights and bear the same obligations for all the property owned by the husband and wife, regardless of the share. .
The amount of ownership of the same property cannot be determined based on the economic income of both spouses. Both husband and wife have equal rights to possess, use, benefit from and dispose of the same property. When one spouse disposes of the same property, and the other spouse is fully aware of the act and does not deny it, it shall be deemed as consent, and he or she shall not deny the legal effect of the disposition on the grounds that he or she did not participate in the disposition afterwards. If one spouse disposes of the same property without the consent of the other party, the other party has the right to request that the disposition be declared invalid, but may not fight against a bona fide third party, that is, if the third party does not know and has no way of knowing that the behavior of one spouse is unauthorized disposition behavior, the disciplinary action shall be effective. If one party causes losses to his spouse due to unauthorized disposition, he shall compensate the spouse. Debts incurred due to unauthorized disposition by one party shall be paid off by that party with his personal property. Article 17 of the "Opinions" of the Supreme People's Court in November 1993 stipulates that if one party arbitrarily funds the debts of relatives and friends for whom it has no obligation to support without the consent of the other party; or one party raises funds alone to engage in business activities without the consent of the other party, the other party shall Debts borne by the couple if the income has not been used for their living together cannot be regarded as joint debts of the couple, and should be paid off by one party with his or her personal property.