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What the Law Says Regarding Asset During Marriage?
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I. What is a joint estate?一、什么是共同财产？
According to the Civil Code, the following estate acquired by a husband or wife during the marriage will be treated as joint estate, if it’s not provided by the couple otherwise.根据《民法典》，如果夫妻双方没有其他约定，则夫妻双方在婚姻关系存续期间取得的下列财产将被视为共同财产。
a. Remuneration for labor services, such as salary and bonuses;a.劳动或服务的报酬，如工资和奖金;
b. Proceeds of business operation, investment or intellectual property rights;Of course, the moral right of any intellectual property rights belongs only to that specific person. However, the couple instead of just the husband or wife will be the owner of any investment in security or fund, or any equity share in a company, even if only the husband or wife is the shareholder listed in the company registration agency and he/she is the only one who operates this business.b.经营、投资及知识产权的收益：当然，任何知识产权的精神权利都只属于特定的人。然而，即使只是夫妻其中一方是公司注册机构上注明的股东，并且打理公司生意的也只是其中一方，公司股份的所有权仍属于夫妻双方。夫妻一方在证券或基金上的投资也是同样道理。
c. Property inherited or donated, unless it’s been made clear that the property only belongs to the inheritor or the beneficiary by the deceased or donor.A common example is, if one set of parents paid for the real estate (wholly/partly), unless they clearly stated that the payment is a gift only to their son or daughter, the payment they made will be treated as a gift to the couple and thus, a joint estate. Another common example is, if the husband or wife inherited a real estate in line with the law, the inherited real estate will be deemed as a joint estate, unless his/her parents made it clear in the will that only their son/daughter will inherit the real estate.c. 继承或捐赠的财产，除非被继承人或捐赠人明确约定财产只属于继承人或受赠人本人。一个常见的例子是，如果父母为子女购买房产支付了全部或部分款项，除非他们明确表示，该部分付款只是给他们的儿子或女儿的礼物，该部分款项将被视为给夫妇俩的礼物，因此，属于共同财产。另一个常见的例子是，如果丈夫或妻子依法继承了一处房地产，继承的房地产将被视为共同财产，除非他/她的父母在遗嘱中明确表示，只有他们的儿子/女儿才可以继承该房产。
e. Other property which should be treated as joint estate.e.应视为共同财产的其他财产。
It is provided by the Civil Code that the husband and wife has equal right to dispose the joint estate, regardless of how much revenue the husband or wife brings to the family.《民法典》规定，夫妻双方享有平等处理共同财产的权利，这与其中一方给家庭带来多少收入无关。
II. What is a personal estate?二、什么是个人财产？
Despite the above mentioned provisions, the Civil Code acknowledges the existence of personal estate and provides that the following estates are personal estates：a. All personal property before the marriage;b. Financial compensation obtained by the husband or wife for a personal injury;c. Property inherited or donated during the marriage, and the deceased or donor had determined that only the husband or the wife is the inheritor or beneficiary;d. One party's daily necessities (such as the items one uses in his daily life or job, e.g., laptop, books, clothes and jewelry etc.); ande. Other property which should be treated as personal estate.尽管有上述规定，《民法典》也承认个人财产的存在，并规定下列财产为个人财产：a. 婚前所有个人财产：b. 丈夫或妻子因人身伤害而获得的经济补偿;c. 婚姻关系存续期间继承或者受赠的财产，被继承人或者捐赠人明确规定夫妻一方是继承人或者受赠人的；c. 一方的日用品（如日常生活或工作中使用的物品，如笔记本电脑、书籍、衣服和珠宝等）；d.应视为个人财产的其他财产。
III. What about a joint debt?三、对共同债务是如何规定的？
Debts incurred jointly by the couple are joint debts. Further, any debts incurred by the husband or wife, if it’s acknowledged by the other party or if the purpose of the debts is to meet the needs of the family’s daily life then such shall be deemed as joint debts.夫妻共同所负的债务是共同债务。此外，夫妻任何一方所欠的债务，如果得到另一方的承认，或者债务的目的是满足家庭日常生活的需要，这些债务也被视为共同债务。
However, any debt incurred by either spouse in his or her own name, and the amount of the debt goes beyond what is needed for the family’s daily life shall not be deemed as a joint debt.但是，如果夫妻一方以自己的名义所举债务超出了家庭日常生活所需，则不属于共同债务。
Moreover, any debt incurred though gambling or due to drugs is not a joint debt.此外，因赌博或使用毒品引起的债务也不是共同债务。
IV. Is a property agreement during the marriage valid and enforceable?四.婚姻关系存续期间的财产协议有效吗？
Despite the above mentioned provisions, the couple can sign a property agreement to stipulate how to manage all estates during the marriage. Examples of property agreements:· All estates before or during the marriage belong to the person who owns or earns them,· All estate before or during the marriage belong to the couple jointly, or· Part of the estate is owned by the couple jointly while the other part of the estate belongs only to the husband or wife.Though the property agreement is binding to the couple, it won’t be binding to any third party, such as the creditor to the husband or wife, unless the creditor knows the existence of such property agreement in advance.虽然就夫妻共同财产，法律做了上述规定，但夫妻之间也可以签署财产协议，规定婚姻期间如何管理所有财产。比如：婚前或婚姻关系存续期间的拥有或取得的财产属于个人，或者婚前或婚姻关系存续期间的所有财产均属于夫妻共同财产，或一部分财产由夫妻共同拥有，而另一部分只属于丈夫或妻子。虽然财产协议对夫妻双方有约束力，但对任何第三方，如一方的债权人并不具有约束力，除非该债权人事先知道这份财产协议的存在。
Why so?Usually, people assume that either husband or wife is a member of the family. The reason they agree to lend money to the husband or wife, is that they assume the family (not just the husband or wife) has the capability to pay it back. The property agreement between the couple is something people are usually unaware of, either the existence of it or its. So it’s unfair to the creditor if the couple refuses to return the money by using the property agreement as a defense and the court won’t be in favor of this argument.为什么会这样规定？通常情况下，人们会认为丈夫或妻子都是家庭中的一员，他们之所以同意借钱给丈夫或妻子，是因为他们认为这个家庭（不仅仅是丈夫或妻子）有能力还钱。夫妻之间的财产协议，无论是这个协议是否存在还是这个协议的内容，一般人通常是不知道的。因此，如果这对夫妇以财产协议作为抗辩理由拒绝还钱，这对债权人是不公平的，也不会得到法院的支持。
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