The Ownership Of Post-marriage Income From Premarital Property And Its Division Upon Divorce

Fore the ownership of post-marriage income from premarital property, scholars hold that should based on the principle of husband and wife cooperation. The principle of husband and wife cooperation refer to for the purpose of living together and support each other with care, reflected in each other’s housework support, emotional support, parenting, as well as aspects of material life, employment and labor. The husband and wife cooperation penetrated into all aspects of life after marriage, including the contributions made by the increase in marital property for the common life. The husband and wife cooperation reflects the nature of marriage, and it is the base of maintain a marriage. And it conform the fundamental purpose of the marriage and family legislation.Since scholars hold several different opinions as to the type division of post-marriage income from premarital property, a relatively perfect dividing method should be sought in theory in order to define the nature of post-marriage income from premarital property on the basis of type. In my opinion, the forms of post-marriage income from premarital property can be divided into yields, investment income, intellectual income and increment income, and on which basis to determine the nature and ownership of these incomes.The post-marriage income from premarital property does not belong to what premarital property does. Considering the essential purpose of husband and wife living together, post-marriage income from premarital property should be defined as common property because it reflects husband and wife cooperation, otherwise it is personal property. This paper elaborate the article and foreign legislative and theoretical research on the ownership of post-marriage income from premarital property, and strive to improve generalize the form of various types of income. In my viewpoint, the ownership of post-marriage income determined by the principle of husband and wife cooperation.Only by clarifying the ownership nature of post-marriage income from premarital property can we divide the property properly upon divorce. It is of significant importance to prefect the relevant provision of our nation by making a comprehensive view of our provision and drawing lessons from foreign legislation.