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法警招聘公共基础知识夫妻共同财产的介绍!

  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.

  根据《婚姻法》的规定,婚前取得财产,均属于个人所有。这里的财产包括动产和不动产。也就是说你婚前买的房,婚前买的车是你的。然而,婚后可能会有一些变化。《婚姻法》第十七条规定:“夫妻在婚姻关系中取得的下列财产,归夫妻共同所有:(一)工资、奖金;(二)生产、经营所得;(三)知识产权收入;(四)继承或者赠与的财产,但本法第十八条第三项规定的除外;(五)应当共同所有的其他财产。夫妻对共同所有的财产,有平等的处理权。具体的说:

  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. 工资和奖金

  1. Salary and bonus

  从广义上讲,这里的工资奖金不仅包括我们每个月的工资,还包括我们的一些福利和各种形式的补贴,这些都属于我们的工资。甚至一些公司的高管,他们的工资可能是年薪,有时还有一些股票期权等,如果这些都是婚后取得的,那就是夫妻共同财产。

  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. 生产经营收入

  2. Income from production and operation

  生产、营业收入并不难理解,但这里会涉及一个比较复杂的问题,如果是婚前个人财产即婚后生产、营业收入又如何计算?根据《婚姻法解释(三)》第五条规定:“一方婚后的个人财产,除果实和自然增值外,应认定为夫妻共同财产。”也就是说,婚前财产的投资收益是夫妻共同拥有的。比如张三婚前就有房子,结婚后,张三会把房子租下来,结婚后房子的租金为水果,属于张三所有。但是,如果张三利用房子作为资本与他人合伙经营公司,并获得10万元的利润,那么这10万元属于投资收益,属于夫妻共同财产。

  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.知识产权收入

  3. Income from intellectual property

  知识产权包括人身权和财产权。作者的署名权、出版权、修改权等人格权自然归作者所有,而财产权则归夫妻所有。

  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.

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  4. 通过继承或赠与获得的财产

  4. Property acquired by inheritance or gift

  虽然中国在发展过程中没有将儿媳、女婿列为法定继承人,但根据婚姻法的规定:在婚姻期间,一方继承的财产仍视为夫妻共同财产。除非遗嘱或赠与合同确定财产只属于丈夫或妻子。这也是对捐助者愿望的尊重。例如,李四的父亲生前立了遗嘱,以他的名义将财产留给李四,父亲死后,财产全部归李四所有,李四的妻子无权要求分割。

  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.

  5. (三)夫妻共同所有的其他财产

  (3) other property jointly owned by husband and wife

  法律不可能清楚地列举出所有的细节。此外,随着我国社会的进步和经济的发展,夫妻共同财产的范围和类型也越来越多。因此,作出这一一般性规定。

  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.

  因此,“我一半的果汁”是有道理的,但夫妻财产也有区别。

  So, "half of my juice" makes sense, but there are also differences in marital property.


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