Traditional Culture Encyclopedia - Traditional customs - What is the difference between family property and joint property of husband and wife?

What is the difference between family property and joint property of husband and wife?

1. What is the difference between family property and marital property? 1, with different subjects: the former subject is a married couple; The latter are all family members. 2. Different sources of property: the former is the property obtained during the marriage relationship, and the latter is the property obtained by all family members' labor and their own labor. The property owned by the family refers to all the property owned by all or part of the family members. In other words, it refers to the property created and acquired by family members during the existence of family and life relations. To exist and own property, a family must meet two conditions: first, it must have the same labor behavior or the fact that it has been given; Second, the family is not just composed of a couple and minor children. The property jointly owned by husband and wife refers to the property jointly owned by husband and wife during the existence of the relationship. The so-called duration of the relationship between husband and wife refers to the period from the marriage of one spouse to the death or divorce of one spouse. The property acquired by the husband and wife during this period belongs to the common property of the husband and wife, unless there is an agreement. Husband and wife have equal rights to dispose of all property. The disposal of property by one spouse during the existence of the husband and wife requires the consent of one spouse. Second, what is the property of husband and wife? 1. Article 17 of the Marriage Law stipulates that the following property acquired by husband and wife during the marriage relationship belongs to the common property of husband and wife (1), wages and bonuses (2) income from production and operation (3) income from intellectual property rights (4) property acquired through inheritance or gift. However, the property determined in the will or gift contract to belong only to the husband or wife is excluded. 2. Article 11 of Interpretation II of Marriage Law stipulates that the following property during the marriage relationship belongs to the income obtained by husband and wife with the same property (1). (2) Housing subsidies and housing accumulation funds actually obtained or should be obtained by both men and women; (three) the old-age insurance premiums and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women. 3. Article 22 of Interpretation II of Marriage Law stipulates; (1) Before the parties get married, the parents contribute to the purchase of the house by both parties, clearly indicating that the gift is given to both parties as husband and wife. (2) After the parties get married, parents, as husband and wife, contribute to the purchase of houses. (4) Interpretation III of Marriage Law stipulates that the income generated by one spouse's personal property after marriage belongs to the common property of husband and wife, except for fruits and self-admission. The second paragraph of Article 7 of Interpretation III of Marriage Law stipulates that if the property right of a house purchased by both parents is registered in the name of a child, the house can be recognized as shared by both parents according to their respective share of capital contribution. It is not so difficult to define family property and marital property. For example, if a husband and wife live together with their parents after marriage, the family property of course includes the income of both husband and wife and their parents. However, it is certainly unreasonable for couples to directly demand the division of family property during divorce. Family property is made up of the income of each family member and should not be owned by the husband and wife.