Is the Husband's Salary Considered Joint Marital Property During the Marriage?
Clause 1, Article 33 of the Law on Marriage and Family 2014 stipulates:
The common property of husband and wife includes property created by the husband or wife, income from labor, production, business activities, profits, yields arising from individual property, and other lawful incomes during the marriage period, except as stipulated in Clause 1, Article 40 of this Law; property that both husband and wife inherit jointly or are jointly given, and other property that the husband and wife agree to be common property.
The land use rights acquired by the husband or wife after marriage are common property of the husband and wife, except in cases where the husband or wife inherits individually, is individually gifted, or obtains through transactions using individual property.
Thus, the husband's salary (income from labor) during the marriage period is considered common property of the husband and wife, unless the husband and wife otherwise agree in writing that the salary is separate property. However, separating the salary into individual property "does not change the previously established property rights and obligations between the husband, wife, and a third party" as stipulated in Clause 2, Article 40 of the Law on Marriage and Family 2014.
The editorial board informs you!
Respectfully!
