The legal marital property system refers to the marital property system in which the husband and wife directly apply the relevant laws and regulations when there is no agreement before and after marriage or the agreement is invalid. The marriage law stipulates the scope of all the property of husband and wife. Article 17 of the Marriage Law stipulates that the following property acquired by husband and wife during the marriage relationship shall be jointly owned by husband and wife: (1) salary and bonus; (2) Income from production and operation; (3) the benefits of intellectual property rights; (4) Inherited or donated property, except as stipulated in Item 3 of Article 12 of the Marriage Law; (five) other property that should be owned by the husband and wife. Husband and wife have equal rights to dispose of all property. Article 18 of the Marriage Law defines the property scope of one spouse, including: (1) the pre-marital property of one spouse; (two) medical expenses, living allowance for the disabled and other expenses obtained by one party due to physical injury; (3) Property determined to be unique to one of the spouses in the will or gift contract; (4) Daily necessities of one party; (five) other property that should be owned by one party. According to Article 13 of Interpretation of Marriage Law (II), military casualty insurance, disability allowance and medical living allowance also belong to personal property.
Husband and wife property includes not only positive property, but also negative property, that is, foreign debt. Husband and wife * * * joint debt, husband and wife * * * will pay off all the property; The debts incurred by one spouse shall be paid off with the property owned by one spouse. The property acquired by husband and wife during the marriage relationship is agreed to belong to each other, and if a third person does not know the agreement, it shall be paid off with the property acquired by husband and wife during the marriage relationship. The time division point between pre-marriage and post-marriage is the date of marriage registration. Cohabitation, cohabitation and traditional marriage ceremony are not the dividing standards of the two.
(2) Agreed marital property system
Compared with the legal property system, the agreed marital property system is divided according to different reasons. It refers to the marital property system, also known as the agreed property system, in which the husband and wife reach an agreement on the ownership and disposition of the property obtained before and after marriage and the division of the property after the dissolution of the marriage relationship through consultation. It is the implementation and embodiment of the principle of autonomy of will in the marriage law.
Regarding the content of the agreement, Article 19 of Interpretation of Marriage Law II stipulates that husband and wife can make the following agreement on the property acquired during the marriage relationship and the property before marriage: the above-mentioned property belongs to each other, and * * * is owned by themselves or in part * * *. The agreed scope of property includes all kinds of property obtained before and after marriage. The law clearly requires that the form of agreement be in writing. The effective conditions of the agreement must first have the effective elements of civil legal acts: legality, voluntariness and truthfulness; Secondly, it should meet the requirements of special laws, such as equality between men and women and protection of the legitimate rights and interests of women, children and the elderly. When the content of the agreement is known by the third party, it has the effect of confronting the outside world; Otherwise, there is no confrontation effect. Internally, it is a constraint on the behavior of husband and wife in dealing with property. A false agreement or divorce agreement to avoid debts shall be deemed invalid. The determination of the debtor's illegal purpose can be investigated in combination with the time, method and background of marital property agreement or agreement division.
The agreement shall be in writing. If there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of the Marriage Law shall apply, that is, the relevant contents of the legal marital property system. The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties.