When a couple divorces, does the wife have to return her husband's salary according to the latest regulations?
When a couple divorces, does the wife have to return her husband's salary according to the latest regulations?
When a couple divorces, does the wife have to return her husband's salary or not according to Article 33 Law on Marriage and Family 2014 Regulations on common property of husband and wife:
- Common property of husband and wife includes property created by husband and wife, income from labor, production, and business activities, yields, profits arising from separate property, and other legal income during the marriage, except for the cases specified in Clause 1, Article 40 of this Law. Inherited or gifted marital property and other property that the couple agreed upon are also common property.
Land use rights that husband and wife acquire after marriage are common property of the couple, except in cases where the husband or wife inherits it separately, is gifted separately, or is formed through transactions using separate property.
- The common property of husband and wife is under common ownership and is used to ensure the family's needs and fulfill the common obligations of husband and wife.
- In cases where there is no basis to prove that the property that the husband and wife are in dispute is the separate property of each party, then that property is considered common property.
Thus, the salary your husband earned during the marriage is determined to be the common property of the couple. Furthermore, you used that money to take care of your family, ensure your family's needs, and fulfill your common obligations as husband and wife.
Pursuant to Clause 2 and Clause 3, Article 213 Civil Code 2015 Regarding common ownership between husband and wife: Husband and wife together create and develop common assets; and have equal rights in possessing, using, and disposing of common property. Husband and wife agree or authorize each other to own, use, and dispose of common property.
Therefore, there is no basis for your husband to sue you for property possession. When you first got married, you and your husband had an agreement that you would receive and keep his salary. Even if it is a verbal agreement, as has been going on for many years, your husband has no opinion, so it can be understood that this agreement already exists legally. Therefore, your husband's requests for property are unfounded and do not comply with the law.