A, the husband and wife * * * with the definition of property
The common property of husband and wife refers to the property acquired by both husband and wife during the marriage relationship. These properties are the income of husband and wife working together, managing together and investing together, or the property obtained through inheritance and gift. According to Article 1063 of the Civil Code, the scope of marital property is quite extensive, covering many aspects.
Second, the scope of property owned by husband and wife * * *
According to Article 1063 of the Civil Code, the joint property of husband and wife mainly includes the following aspects:
Wages, bonuses and labor remuneration: this is the income obtained by both husband and wife in their work or labor and belongs to the common property of husband and wife.
Income from production, operation and investment: this is the income obtained by both husband and wife through joint operation or investment, and it is also an important part of the joint property of husband and wife.
Income from intellectual property rights: where one or both spouses own intellectual property rights such as patents, trademarks and copyrights. The resulting income also belongs to the common property of husband and wife.
Inherited or donated property: In addition to the property clearly owned by only one party in the will or gift contract, the property inherited or donated by both husband and wife also belongs to the joint property of husband and wife.
Other properties that should be owned by * * * *: This includes large-scale properties such as houses and vehicles jointly purchased by husband and wife, as well as deposits and creditor's rights.
Third, the principle of property distribution between husband and wife
When a husband and wife divorce or divide property, they should follow the principles of fairness, justice and rationality, and distribute property according to the actual situation of both husband and wife and their contributions. At the same time, we should also consider the economic situation of both husband and wife, the needs of life and the custody of minor children and other factors.
To sum up:
The common property of husband and wife stipulated in Article 1063 of the Civil Code covers wages, bonuses and labor remuneration; Income from production, operation and investment; Intellectual property income; Inherited or donated property (except that it is clearly owned by only one party in the will or gift contract); And other property that should be owned by * * *. In the distribution of husband and wife's property, the principles of fairness, justice and rationality should be followed, and the distribution should be made according to the actual situation and the contributions of both parties.
Legal basis:
People's Republic of China (PRC) Civil Code
Article 1063 stipulates:
The following property is the personal property of one of the spouses:
(1) one party's premarital property;
(2) Compensation or compensation obtained by one party for personal injury;
(3) Property that is determined to belong to only one party in the will or gift contract;
(4) Daily necessities used exclusively by one party;
(five) other property that should be owned by one party.
Husband and wife have equal rights to dispose of the same property.