To determine whether the property is the spouse’s separate property, we must consider three main factors, including the origin, the time of creation, and the written agreement between husband and wife.
In case there is a property dispute between husband and wife and/or between a spouse and a third party, it is imperative to determine common property and separate property of husband and wife.
According to the applicable laws, the separate property of a spouse is determined as follows:
- Separate property owned by a spouse before marriage;
- Property inherited by or given separately to a spouse during the marriage period;
- Property divided to a spouse from the common property during the marriage period;
- Property to meet essential needs of a spouse;
- Property created from separate property of a spouse;
- Yields and profits arising from separate property of each spouse after common property division;
- Land-use rights that are separately inherited by, or given to a spouse or are obtained through transactions using separate property.
- Economic right to intellectual property objects as prescribed by the law on intellectual property;
- Property under the separate ownership of a spouse according to the judgment or decision of a court or another competent authority;
- Allowance or incentives received by a spouse as prescribed by the law on preferential policy toward persons with meritorious services to the revolution;
- Other property rights which are associated with the personal identification of a spouse.
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