How to divide the property gains from intellectual property rights after marriage during divorce
According to the law, during the marriage, the property gains from intellectual property rights that are actually acquired or have been clearly acquired are owned jointly by the spouses.
1. 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.
2. If the clear time of intellectual property gains is during the marriage, it does not matter whether the gains are actually obtained during the marriage or after divorce. , the income is owned jointly by the husband and wife.
3. If the time when the intellectual property gains are clear after divorce, the gains will be personal property.
"Civil Code"
Article 1062 [Common Property of Husband and Wife] The following properties acquired by husband and wife during the marriage relationship shall be the common property of husband and wife and shall be owned jointly by husband and wife:
(1) Wages, bonuses, labor remuneration;
(2) Production and operation , income from investment;
(3) income from intellectual property rights;
(4) Property inherited or donated, except as provided for in Paragraph 3 of Article 1063 of this Law;
(5) Others shall be jointly owned the property of.
Husband and wife have equal rights to handle common property.
I hope that through the above content you can have a deeper understanding of the issues related to the property gains from intellectual property rights after marriage during divorce. If your situation is more complicated, this website also provides online lawyer consultation services. You are welcome to seek legal consultation.
