What is the Scope of Couple's Jointly-Owned Property?

2020/1/8

Zhang and Chen are spouses. After the marriage, they decided to divorce because of conflicts. Zhang and Chen disputed the determination of the couple's jointly-owned property. Zhang was a contracted author and published a novel before marriage. He earned 10,000 yuan due to the novel after marriage. Zhang and Chen are state civil servants who receive monthly salaries. At present, the house where the couple live was donated by Zhang's father before marriage, and only Zhang's name was registered on the property certificate. Property disputes after divorce are very common, and the core of property division is to verify the couple's jointly-owned property. What is the scope of the couple's jointly-owned property in this case? According to Chinese laws, how to verify the couple's jointly-owned property?

Article 17 of the Marriage Law stipulates the scope of the couple's jointly-owned property, mainly including: 

(1) Salary and bonus. Including hourly wage and piecework wage; Bonus; Allowances and grants; Overtime pay; Wages paid under special circumstances.

(2) Income from production and operation. The business activities carried out by the spouses after marriage, such as starting a company and doing business, are the labor crystallization of the spouses. 

(3) Revenue from intellectual property rights. The income here must be the income obtained during the existence of the marriage. None of the income obtained before the marriage or after the divorce are couple's jointly-owned property.

(4) The property obtained through inheritance or gift, which mainly refers to the property inherited or gifted during the marriage, but it is personal property if it is explicitly agreed to be owned by one party.

(5) Other property that shall be jointly owned, including the income from the investment of one spouse's personal property. For example, during the life of the couple, the income from the stock purchase belongs to the couple's jointly-owned property.

At the same time, Article 18 of the Marriage Law stipulates that if one of the following situations occurs, it is the personal property of the spouse:

(1) The pre-marital property of one spouse;

(2) Medical expenses, living allowances for disabled persons and other expenses incurred by one spouse as a result of bodily injury;

(3) The property determined in the will or the gift contract to belong only to the husband or wife;

(4) Articles for daily use only for one spouse;

(5) Other property that should belong to one spouse.

According to the above articles, we can specifically analyze the couple's jointly-owned property in this case. Firstly, the couple did not agree on the method of splitting the couple's jointly-owned property. Secondly, although Zhang's novel was published before marriage, the actual income was obtained after marriage, so this income belongs to the couple's jointly-owned property. Thirdly, the salary of the two spouses during the marriage is also the couple's jointly-owned property. In the end, because the house was Zhang's father given to Zhang before marriage, and the property rights registered only Zhang's name. It belongs to Zhang's personal property, not couple's jointly-owned property. In summary, the couple's common property includes their salary and Zhang's novel income of 10,000 yuan. The house belongs to Zhang. Chen has no right to split this property.

Here we would like to remind you that the identification of couple's jointly-owned property at the time of divorce must first distinguish whether there is a clearly defined method of property division. Secondly, the actual benefits obtained between the couple generally belong to the couple's jointly-owned property, except the property that can only be used by one spouse.