How to understand the marital property system

1. Husband and wife may set exclude the application of common property.
Matrimonial property Convention refers to the husband and wife to property acquired during a marriage and premarital property ownership make separate conventions. Marital property excluding the legal property system application of the provisions of the common property and personal property. Allowed on property of the spouses prior Convention is to adapt provisions of property status of the relationship between husband and wife. After the reform and opening up, with a large number of husband and wife personal property. Ownership and management of their property before marriage, usufruct, often some special needs. Establishing the husband and wife engagement property system is to meet the needs of elderly remarriage. When elderly remarriage in property relations of the spouses, child support and maintenance of relationships often have certain particularities, needs to be provided to husband and wife engagement property system. Established conventions of husband and wife are also adapt to the increased rate of divorce cases protect the interests of the spouse\'s need. Current trends in China\'s divorce rate has gradually increased. Property before marriage while not into common property, but the fruits of the property pursuant to the statutory joint property acquired while their marital relationship of making income jointly owned, property ownership for both parents to protect their children from the effects of divorce, and in order to prevent marriage fraud, according to the actual situation at the time for a property before marriage and marital property contract.
2. Objects on marital property system conventions.
In accordance with the provisions of this article, the promissory marital property system of objects, both the husband or the wife\'s personal property before marriage, also included couples in property acquired while their marital relationship. Law was to make such provisions, is because the couple to live as a party, entitled to according to their wishes to their personal property before marriage and according to the law of property acquired while their marital relationship for disciplinary action, enabling their property interests.
3. Husband and wife engagement property system of conventions.
Husband and wife engagement property system of conventions, only in written form. This a legal provisions of causes is, couples property system of conventions not only involves couples both of major property interests and marriage family life of material protection, and also effect to third people of property interests, so, legal requirements couples conventions property system of conventions way used written form, to conducive to accurate to expression couples both on conventions property system of real meaning table,, prevent occurs property disputes, effective to protection third people of legitimate claims.
4. Husband and wife engagement property system of conventions.
Pursuant to the provisions of this article, includes two aspects of the Convention: (1) spouses can agree, one or both of the common all personal property owned by husband and wife before marriage, all or part of the common all, part of their own. (2) may set the property acquired while their marital relationship of husband and wife couple all together, or the property of their respective all, or part of the all together, some their all.
5. Effectiveness of husband and wife engagement property system.
Reached according to the law relating to marital property system between husband and wife of conventions, binding on both parties. The binding to be reflected in:
(1) law of husband and wife engagement property system reached agreement without mutual consent, no party be allowed to modify.
(2) the agreement of the husband and wife engagement property system, both parties should be careful to follow, come to fulfil.
(3) couples divorce, recognition and segmentation of marital property disputes, if a husband and wife engagement property system protocols, should be dealt with in accordance with the agreed terms of the agreement.
6. Influence of husband and wife engagement property system to the third party interests.
Couples live together in the process, inevitably debts with the third party relationships. In order to maintain the security of transactions, prevent the use of husband and wife agreed by the parties to the marriage property systems evasion of law and damage the legitimate interests of third parties, this law provides, inter alia, on property acquired while their marital relationship of husband and wife belongs to all of their husband or the wife of the foreign debt, third parties were aware of the Convention, to the husband or the wife\'s property settlement.

Joint property of husband and wife have the right to equal treatment

Husband and wife jointly exercise the ownership of property, which shall include the common property equal enjoyment of rights of possession, use, and dispose of proceeds. Among them, to joint property of husband and wife had the right to equal treatment is crucial, because it directly relates to the fate of the marital property.
On all common property of husband and wife have the right to equal treatment, their legal requirements are:
(1) spouses in marital property should be mutual respect, mutual consultations, in the case of consistent meaning that determine fate of marital property.
(2) if the husband or the wife all unauthorized dealing with marital property, generally finds the punishment should be invalid. Obtain the property of third persons in good faith, should protect the legitimate interests of third parties, to the husband or the wife and the loss of the other party, by compensation of unauthorized disposal of the marital property.

Between husband and wife relationship between property rights and obligations of the main provisions of

Property rights and obligations between husband and wife are:
1. Property system of husband and wife. Marital property system in China is the common system derived from marriage. Couples in marriage relationship acquired during proceeds of following property, return couples common all, both another has conventions of except: (1) wage, and bonus; (2) production, and operating of income; (3) intellectual property of income; (4) due to inherited or gift proceeds of property, but will or gift contract in the is not determine only return party of property except; (5) other common property. Husband and wife to the common property of all, have the right to equal treatment. Property owned by husband and wife personal all of the following, except as otherwise agreed by the parties: (1) premarital property of the party, and (2) due to bodily harm to the party costs such as medical expenses, people with disabilities live obtained subventions; (3) in a will or a gift contract determine the property only to the party, and (4) private life of a party supplies, (5) other property that should be owned by a party. Marital property system is not exclusion of matrimonial property vested in the otherwise expressly agreed. Husband and wife may agree in writing property and the property acquired while their marital relationship before marriage go all together or individually all, or part of the common all, some their all. Belonging to the property of the spouses, once agreed, any party not allowed to modify or rescind. Spouses on marriage during the subsistence of property owned by their respective and specified in the third person to know the husband or the wife of the foreign debt to the husband or the wife\'s property settlement.
2. Husband and wife have the duty to provide for each other; failure to perform a duty of a party, requires support of a party, has the right to demand payment of maintenance fees.
3. As a first order heir mutual enjoyment of inheritance rights of husband and wife.