The relationship between husband and wife has always been the topic of our discussion. If there is a divorce, how should the property in the marriage be distributed? Let's take a look at whether the existence of conjugal relationship in the Civil Code can be analyzed?
1、 Whether the marital relationship can be divided during the period of existence in the civil code
 
According to the rules of the Civil Code, during the marriage relationship, if one party has the scene of hiding, carrying, selling, and damaging an industry, the other party can request to divide an industry.
 
Civil Code of the People's Republic of China
 
Article 1062 [Husband and wife's joint property] The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be owned by the husband and wife together:
 
（1） Remuneration, bonus and labor remuneration;
 
（2） Income from production, operation and investment;
 
（3） Income from intellectual property;
 
（4） Inherited or donated property, with the exception of the third rule of Article 1063 of this Law;
 
（5） Other industries should be owned together.
 
Couples have equal rights to deal with the same industry.
 
Article 1066 [Separation of the husband and wife's estate during the marriage relationship] During the marriage relationship, if one of the following circumstances occurs, one of the husband and wife can petition the People's Court for the separation of the estate:
 
（1） One party has the behaviors of hiding, carrying, selling, damaging, wasting the husband and wife's property or faking the husband and wife's debt, which seriously endanger the interests of the husband and wife's property;
 
（2） If the person who is legally responsible for maintenance suffers from serious illness and needs treatment, the other party does not agree to pay the relevant medical expenses.
 
2、 What to do when concluding an agreement on marital property

1. Conditions for entering into a marital property agreement:
 
(1) It is necessary for both parties to have a clear and real intention, and it is voluntary. Neither party can adopt covert, fraudulent or coercive methods against the other party, nor can it take advantage of the other party's danger. An agreement concluded on the basis of an untrue declaration of intent is invalid.
 
(2) Necessity is legal, must not violate the principle of equality between men and women, and must not endanger the interests of women and children. Neither can we evade laws and regulations nor violate public order and good customs.
 
(3) Use written form.
 
(4) An agreement shall not harm the interests of a well-intentioned third party who does not know the agreement.
 
2. The marital industry agreement needs to pay attention to:
 
(1) The property belongs to the children. When making an industrial appointment, many partners will consider the issue of raising their children in the future, and will make an appointment that a certain part of the industry belongs to their children. But in real life, although we have made an agreement on such industries, they are still controlled by our parents. That is, from the perspective of the law, the gift has not been implemented. In practice, there are many disputes about this kind of agreement. Because the power of the gift industry has not been transferred, the donor can revoke the gift, that is, the donee can not naturally acquire the gift industry according to the gift agreement.
 
(2) The real estate belongs to one party, but the property right is not changed to the name of one party. The real estate such as pre-marital property is agreed to be jointly owned after marriage, but the property right renaming procedure is not actually handled, which is also an unfinished act of donation. When the dispute finally arose, because the power of the gift industry was not removed, the donor could revoke the gift, that is, the donee could not obtain the gift industry according to the gift agreement.
 
(3) "Whoever mentions divorce has no property". "Whoever proposes divorce, he will leave the house clean" often becomes the love promise in the marital industry agreement, so that either party can eliminate the idea of divorce and concentrate on the operation of the marriage. In fact, such agreements are often regarded as invalid because they restrict the right to freedom of divorce.
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