How to handle the Income from intellectual property rights during divorce
Property gains from intellectual property rights that are actually acquired or have been clearly acquired Jointly owned by husband and wife. Accordingly, the part of the intellectual property income that has been clarified during the marriage but was actually obtained after the divorce should also be owned jointly by the husband and wife. In line with this standard, we believe that in practice, whether the time when the intellectual property income has been clarified is within the duration of the marriage relationship can be used as a criterion to determine the attribution of this part of the income.
The details are as follows:
First, If the income from intellectual property property is clearly determined before marriage, even if the income is actually obtained after marriage, the income is still personal pre-marital property.
Second, the time when the property benefits of intellectual property rights are clear During the marriage, regardless of whether the income is actually obtained during the marriage or after divorce, the income is jointly owned by the husband and wife.
Third, if the time when the intellectual property gains are clear after divorce, the gains shall be personal property.
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