According to Article 1087th of the Civil Code, at the time of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.
The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.
According to Article 1062 of the Civil Code, the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to them:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of the same property.
Specifically, the scope of marital property includes:
1, salary and bonus. "Wage" refers to all kinds of labor remuneration calculated according to the country's total on-the-job wages, including standard wages, bonuses, allowances and subsidies of prescribed standards. "Bonus" refers to a certain amount of monetary rewards given by the state, government and other authoritative institutions to specific subjects who have made special contributions or achieved excellent results, such as athletes' ranking awards and scientific research achievement awards. These bonuses should be included in the joint property of husband and wife.
2. Income from production and operation. Income from production and operation refers to the income obtained by citizens engaged in production and operation activities within the scope permitted by law. The Civil Code strengthens the protection of personal property, involving the ownership of the income from the investment and operation of husband and wife's personal property. The legal marital property system in China is that the income after marriage is the same, so if there is no legal agreement, the income after marriage (including personal investment income) should be the joint property of husband and wife.
3. Intellectual property income
Intellectual property rights are people's exclusive rights to their intellectual achievements according to law. Although intellectual property rights are intangible, they are all "real rights with rights as the subject matter" that can bring wealth, so in the current divorce cases, the intellectual property rights involved can also be divided as husband and wife property. But this does not mean that all the rights in intellectual property rights can be enjoyed by couples. Because intellectual property rights are based on the results of people's intellectual creation, starting from the principle of fairness, we should take care of the rights and interests of the labor party. In addition, from the perspective of giving full play to the social and economic benefits of intellectual property rights, protecting the integrity of intellectual property rights, the order in the field of intellectual property rights, and being conducive to economic development, the party who has not paid intellectual labor can only enjoy the right to divide the actually obtained property according to intellectual property rights. As for personal rights, performance rights, broadcasting rights, distribution rights, adaptation rights, translation rights, annotation rights and other rights. In copyright, such as the right to apply for a patent, the right to use it, the right to sell it, the right to use it in trademark rights, and the right to prohibit others from using it. Can't be divided into husband and wife in the patent right. And when dividing the property, the compensation for the party who has not paid intellectual labor should be paid in one lump sum.
4. Inheritance or gift of property. The property acquired by one spouse as a result of inheritance or donation is the common property of husband and wife, but if the decedent or donor can clearly belong to only one spouse, the law protects the right to dispose of private property. This special designation has legal effect and is protected by law.