乐队曾经有一首歌在大街上疯传，歌词是:“这是一条漫长而崎岖的道路。”歌词描写了男女情投意合的甜蜜场景，但也让我们想起了现实生活中已经结婚的夫妻，你真的想唱出“juice half you”这首歌吗?我们来看看律法是怎么说的。
The band once had a song that went crazy on the street, with the words: "this is a long and rugged road." The lyrics describe the sweet scene of men's and women's love, but also remind us of married couples in real life. Do you really want to sing the song "justice half you"? Let's see what the law says.
According to the marriage law, property acquired before marriage belongs to individuals. The property here includes movable property and real estate. That is to say, the house you bought before marriage and the car you bought before marriage are yours. However, there may be some changes after marriage. Article 17 of the marriage law stipulates that: "the following properties acquired by husband and wife in the marriage relationship shall be jointly owned by husband and wife: (1) wages and bonuses; (2) income from production and operation; (3) income from intellectual property rights; (4) property inherited or donated, except as provided for in Item 3 of Article 18 of this law; (5) other properties that shall be jointly owned. Husband and wife have equal rights to deal with jointly owned property. Specifically:
1. Salary and bonus
Broadly speaking, the salary bonus here includes not only our monthly salary, but also some of our benefits and various forms of subsidies, which belong to our salary. Even some company executives, their salary may be annual salary, sometimes there are some stock options, etc., if these are obtained after marriage, it is the joint property of husband and wife.
2. Income from production and operation
Production and business income are not difficult to understand, but it will involve a more complex problem. How to calculate the pre marriage personal property, namely the post marriage production and business income? According to Article 5 of the interpretation of marriage law (3), "the personal property of one party after marriage shall be recognized as the joint property of husband and wife, except for the actual and natural value-added." In other words, the investment income of premarital property is jointly owned by husband and wife. For example, Zhang San has a house before marriage. After marriage, Zhang San will rent the house. After marriage, the rent of the house is fruit, belonging to Zhang San. However, if Zhang San uses the house as capital to run the company in partnership with others and gains 100000 yuan of profit, then 100000 yuan belongs to the investment income and joint property of husband and wife.
3. Income from intellectual property
Intellectual property rights include personal rights and property rights. The author's personal rights, such as the right of signature, the right of copyright and the right of modification, naturally belong to the author, while the property right belongs to the husband and wife.
4. Property acquired by inheritance or gift
Although China has not listed the daughter-in-law and son-in-law as the legal successors in the process of development, according to the marriage law, the property inherited by one party during the marriage is still regarded as the joint property of the husband and wife. Unless the will or gift contract determines that the property belongs only to the husband or wife. It is also a respect for the wishes of donors. For example, Li Si's father made a will and left the property to him in his name. After his father died, all the property belongs to Li Si. Li Si's wife has no right to ask for division.
(3) other property jointly owned by husband and wife
It is impossible for the law to list all the details clearly. In addition, with the social progress and economic development of our country, the scope and types of husband and wife's common property are more and more. Therefore, this general provision is made.
So, "half of my juice" makes sense, but there are also differences in marital property.