Yesterday, CCTV introduced a special program that the relevant laws on the declaration of joint property of husband and wife will come into force on January 1, 2024. So, what is a declaration order for joint property of husband and wife?What is included in the joint property of the husband and wife?And how to declare?Here to share with you.
First of all, the declaration order for the joint property of the husband and wife refers to a system in which the people's court compels the parties to the divorce to truthfully declare the joint property to the people's court in order to deal with the joint property of the divorced husband and wife fairly and efficiently when hearing a divorce case. There are three points to pay attention to: First, it is mandatory. The second is to declare truthfully. The third is to declare confidentiality.
Second, what is included in common property?
The first is wages, bonuses and labor remuneration.
The second is the income from production, operation and investment.
The third is the income from intellectual property rights.
Fourth, inherited or donated property. However, this does not apply if it is personal property before marriage. (See Article 1063, Paragraph 3 of the Civil Code).
Fifth, other property that should be jointly owned by the husband and wife.
Note: Husband and wife have equal rights to dispose of joint property.
3. How to declare?
It is mainly declared in the form of a written report.
Fourth, special attention should be paid to several points.
First, the property of one party before marriage, such as real estate and car purchased by himself or his parents with the help of full payment, is acquired after marriage and belongs to one person, which is not a joint property that can be divided at the time of divorce. One of the spouses is not part of the joint property of the husband and wife. It is sufficient to declare only the property acquired during the period of the marital relationship.
Second, if one party deliberately conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife, in an attempt to encroach on the property of the other party, the other party may receive a small or no share of the joint property when the divorce divides the joint property.