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What is the duration of a marital relationship
Time:2025-09-01 Views:1047
1
1. The duration of the marital relationship refers to the period from the registration of marriage to the effective date of divorce registration or divorce judgment.
During this period, the property obtained by both spouses, except for compensation for personal injury and property that clearly belongs only to one party, is usually considered as joint property of the couple.
According to Article 1049 of the Civil Code, both men and women who are required to get married must personally apply for marriage registration at the marriage registration office. Once the marriage registration is completed, the marital relationship is established.
Article 1062 further clarifies that the property acquired by spouses during the existence of their marriage, such as wages, bonuses, production and business income, intellectual property income, etc., is the joint property of the spouses.
II
During the existence of the marital relationship, the property acquired by both parties, including wages, bonuses, labor remuneration, production and operation income, intellectual property income, etc., is usually considered as joint property of the couple.
According to Article 1062 of the Civil Code, inherited or donated property, unless otherwise specified, also belongs to the joint property of husband and wife. Spouses have equal rights to dispose of common property.
3. It is worth noting that:
(1) If one party conceals, transfers, sells, damages, squanders or forges joint debts during the existence of the marital relationship, which seriously damages the interests of the joint property of the couple, the other party may apply to the people's court for the division of the joint property.
The party who conceals, transfers, sells, damages the joint property of the couple or forges debts may receive less or no share.
(2) After divorce, if the other party discovers the above-mentioned behavior, they can file a lawsuit with the people's court to request the division of the joint property of the couple again.
III
During the existence of the marital relationship, if one party engages in the above-mentioned serious damage to the common property interests of the couple, the other party may apply to the people's court for the division of the common property.
In addition, if one party has a legal obligation to support a person who suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses, they can also request the division of joint property from the people's court.
According to Article 1066 of the Civil Code, during the existence of the marital relationship, one party to the marriage may request the people's court to divide the joint property. In addition to the above two situations, it also includes other behaviors that seriously damage the interests of the joint property of the couple.
When dealing with the issue of property division in divorce, we should remain calm, face it rationally, and seek the help of legal professionals when necessary. Only in this way can we better protect our legitimate rights and interests.
Understanding legal provisions is crucial for the division of marital property. If you still have questions or need professional advice, any law firm is always available to assist you. Let us work together to maintain family harmony and ensure that our rights are not infringed upon. Sichuan Faneng Law Firm is dedicated to serving you.