In addition to what is often said, in order to worry about the external impact is not good-looking, there is also a possibility that they have made a marital property agreement or a premarital property agreement before.
Compared with ordinary people, celebrities make money too quickly, it is too easy to make money, and there will be a lot of obvious property on both sides, and once divorce is involved, property division is a very big problem.
However, from the news media, we rarely see that when celebrity couples divorce, most of them tear their faces and divide their property, and most of them choose to break up peacefully. Of course, it may be more out of consideration for maintaining personal image, after all, you will have to mix in this circle in the future and continue to make money.
However, it is undeniable that many people will sign a marital property agreement or a prenuptial property agreement, and the validity of this agreement is very high.
1. In principle, the income of the husband and wife after marriage is joint property
Husband and wife are a special kind of co-ownership relationship.
In principle, the property acquired by both husband and wife during the marriage is recognized as the joint property of the husband and wife.
According to article 1062 of the Civil Code, the following property may be recognized as joint property of husband and wife:
- wages, bonuses, and remuneration for labor services;
- income from production, operation and investment;
- proceeds from intellectual property rights;
- Inherited or donated property, except for those inherited or donated to one person alone
The above-mentioned situation basically includes the property acquired after marriage.
2. Only property under special circumstances can be recognized as personal property
Only in extremely exceptional circumstances can it be recognized as personal property.
According to Article 1063 of the Civil Code, the most important provisions are:
- a party's pre-marital property;
- compensation or compensation received by a party for personal injury;
- Property that is determined in a will or gift contract to belong to only one party;
- Daily necessities for one party.
For those identified as personal property, the personal property belongs to the individual at the time of divorce and does not need to be divided.
3. The joint property of the husband and wife is jointly owned, not jointly owned by shares
This also means that for any property, there is an equal right to dispose of it between two people, and it is a relationship between you and me, and I and you, rather than a relationship of 50% each.
For example, if one party will privately donate the joint property to the junior, then the other party can apply to revoke the gift.
Revocation is the revocation of 100 per cent of the amount, not the revocation of 50 per cent of the shares.
4. Once divorced, the court judgment will have a certain inclination
In addition to the dissolution of the marriage between the parties, the two main issues involved in divorce are the division of property and the maintenance of children.
As far as the division of property is concerned, the disposition of joint property is first handled by agreement between the parties, and if no agreement is reached, the court will make a judgment based on the principle of taking care of the rights and interests of the children, the wife and the innocent party in accordance with the provisions of article 1087 of the Civil Code.
Of course, while dealing with common property, there is also the issue of a common debt.
However, if it can be recognized as a joint debt of the husband and wife, no matter how the husband and wife agree, they cannot oppose the creditor, that is, both parties still have the obligation to repay.
5. The marriage property agreement and the prenuptial property agreement have priority effect
During the marriage, there is a special circumstance that excludes the agreement on joint property.
Article 1065 of the Civil Code stipulates that a man and a woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly.
As long as there is such an agreement between the parties, the registration of joint property or personal property of the husband and wife may be excluded. For example, even if a house is registered in the name of only one party, it can be recognized as public property.
However, such property agreements must be registered in writing, and oral agreements are invalid.
In addition, the article clearly stipulates that this agreement between husband and wife must be in writing, and the oral form of both parties is invalid.
Moreover, this agreement cannot be used against the third person under normal circumstances, unless the third person is aware of it.
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