Disposal of pre marital property formed before the new marriage law in the event of divorce

According to the provisions of the law, if a marriage is entered into due to coercion, the coerced party may request the marriage registration authority or the people's court to revoke the marriage.

Civil Code of the People's Republic of China

Article 1052:[Marriage under Coercion]Where marriage is entered into due to coercion, the party who is coerced may request the people's court to annul the marriage.

Where a request for annulment of marriage is made, it shall be submitted within one year from the date on which the coercive act is terminated.

Where a party whose personal liberty has been unlawfully restricted requests the annulment of marriage, it shall be submitted within one year from the date on which personal liberty is restored.

Article 1053: [Revocable Marriage by Concealment of Illness]Where one party suffers from a serious illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage.

Hello, personal property before marriage belongs to the individual, not the joint property of the husband and wife, and is not divided in the event of divorce.

According to the law, premarital property is personal property, and if it is divorced, it should belong to the individual and will not be divided.

Hello, pre-marital property is personal property, and divorce is still personal property and does not participate in the division.

As long as it can be proved that it is personal property before marriage, it is considered to be owned by the individual;

Hello! Pre-marital property has always been treated as personal property. Guangxi Qinzhou lawyer Zeng Zhen.

There is no common division, the law is temporal, and it is handled according to the new law.

Legal analysis: If the husband and wife agree in writing on who owns the property, or orally, and there is no dispute between the parties, the divorce shall be handled according to the agreement. However, the agreement to circumvent the law is invalid.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Pre-marital property is owned by one of the parties at the time of divorce, unless otherwise agreed by the parties. The law stipulates that the pre-marital property of one of the spouses shall not be converted into the joint property of the husband and wife by virtue of the continuation of the marriage. Unless otherwise agreed by the parties.

The spouses may agree that the pre-marital property shall be owned separately or jointly, or partly separately and partly jointly. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

[Legal basis].

Civil Code of the People's Republic of China Article 1065 A man and a woman may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

Premarital property is owned by the individual and does not participate in the division of joint property, which is the definition of premarital property in the law, which is why many people get married and do premarital property justice.

The pre-marital property of one party shall not be divided in the event of divorce.

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

If there is evidence of domestic violence that can be used as a reason to file a divorce claim, your mother can claim more division of the joint property of the husband and wife, and a certain amount of moral compensation, the property belongs to your mother's personal property before marriage, and the custody and maintenance of the children can be settled through negotiation.

In judicial practice, premarital personal property is not divided at the time of divorce. Article 18 of the Marriage Law In any of the following circumstances, it shall be the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

If there is evidence to prove that there is indeed domestic violence, then your mother can sue the court for divorce (the other party can get a divorce if he does not agree, the key is the evidence of domestic violence) Your mother's house before marriage is still your mother's, but if the child is raised by your father, then your mother's payment of relevant child support expenses (paid until the child reaches the age of eighteen) Your mother can also apply for moral compensation.

Article 18 of the Marriage Law of the People's Republic of China In any of the following circumstances, it shall be the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

Quotation note: here ten.

Article 7 and Article 18 means that during the existence of the relationship between husband and wife, most of the property is in common, and the property before marriage and some other eligible properties belong to one party).

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

2014-09-27 14:37

If you don't play "Crazy Climbing" again, you're out!

The questioner adopts.

Yes, unless otherwise agreed between the spouses. Where there is no agreement, your explanation above applies.

Article 18 of the Marriage Law of the People's Republic of China In any of the following circumstances, it shall be the property of one of the husband and wife:

a party's pre-marital property; Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The above interpretation: Considering that there are more and more pre-marital property of husband and wife, the current "Marriage Law" further makes clear provisions from the property right system, first of all, it is clear that the premarital property of one party belongs to the personal property of the husband and wife, and cannot be converted into the joint property of the husband and wife, even in the event of divorce, it cannot be divided as joint property, unless otherwise agreed by the parties.

The effective date of the new Marriage Law shall prevail.

In accordance with Article 51 of the Marriage Law, this Law came into force on 1 January 1981.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

For marriages concluded before the promulgation of the new Marriage Law, the disposal of premarital property shall be in accordance with the provisions of the New Marriage Law; Basis for application of law: The law at the time of the dispute is generally applied.

Hello, in accordance with the latest judicial interpretation of the Marriage Law, the property is owned by the individual.

Pre-marital property that has not yet been disposed of is now subject to the new Marriage Act.

According to the provisions of China's Marriage Law, the property owned by one of the spouses before marriage, regardless of the length of marriage, still belongs to the individual's property and cannot become the joint property of the husband and wife. Therefore, the house you built before the marriage is, of course, your personal property before the marriage, and it should belong to you personally in the event of divorce.

Article 18 of the new Marriage Law stipulates the scope of the personal property of the husband and wife by way of enumeration, so as to separate the property owned by the individual from the joint property of the husband and wife, and divide the personal property of the husband and wife into five aspects according to the time of acquisition of the property and the nature of the property

1) One party's pre-marital property.

2) Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury.

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife.

4) Daily necessities for one party.

5) Soldiers' insurance premiums, disability allowances, and medical living allowances.

6) Other property that should belong to one party.

Hello landlord! In this case, the divorce is possible for the woman to get half of it. But I advise the woman, the man's family trusts you so much, you don't think about these things, it's too hurtful.

In this case, it can be divided in half, and it can be considered a gift to you!