Is it personal property What is personal property?

Updated on society 2024-02-09
13 answers
  1. Anonymous users2024-02-05

    The Marriage Law stipulates that the acquisition of property before marriage is personal property, and since there are inconsistencies between the time when the contract is signed, the time of payment and the time when the property rights are handled for real estate such as houses, the key to the problem lies in the determination of the time of "acquisition of property" stipulated by the law. In my personal opinion, your question involves the transformation of the form of property, although the property right of the house is handled after marriage, but the property of the house is converted from your pre-marital property (i.e., personal deposit), and since the personal deposit is obtained before marriage, the real estate converted from it should also be recognized as pre-marital property, so it belongs to your personal property.

  2. Anonymous users2024-02-04

    China's civil law and marriage law stipulate that the property obtained by an individual before marriage is personal property before marriage, and personal property is inviolable, even if you have property rights after remarriage, as long as you have evidence to prove that this is legal property that you have obtained before marriage and paid the corresponding consideration, the law is enough to determine that this is your personal property, and notarization is only a stronger proof of this.

  3. Anonymous users2024-02-03

    It's yours, and you didn't write his name on the title deed, did you? If you don't write it, it's definitely your own. Because the Marriage Law stipulates that property acquired before marriage belongs to personal property before marriage.

  4. Anonymous users2024-02-02

    If you pay the full amount to buy a house before you register your marriage, it should be your personal property according to the provisions of the Marriage Law and the judicial interpretation of the Supreme Court on the trial of marriage cases. However, the title deed must be in your own name.

  5. Anonymous users2024-02-01

    It is a pre-marital property, as long as the property payment slip is provided.

  6. Anonymous users2024-01-31

    It's yours personally, but it's better not to share it with him.

  7. Anonymous users2024-01-30

    If the marital property agreement clearly stipulates how the income of the husband and wife will be distributed after the marriage, then the property acquired after the marriage needs to be distributed in accordance with the agreement. This is because our country takes freedom of will as the basic principle in civil law.

    As long as the agreement between the parties does not violate the law, then the content of their agreement is valid and protected by law. This means that any property within the marriage can be personal property.

    The law provides for the property of an individual.

    Where the property acquired after marriage belongs to the property of one of the husband and wife, it specifically includes:

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

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

    daily necessities for one party;

    Other property that should belong to one party.

    For the property of one of the spouses:

    1. Before the parties get married, if the parents contribute to the purchase of a house for both parties, the contribution shall be recognized as a gift to their children and personal property.

    2. After the parties get married, if the parents contribute to the purchase of a house for both parties, and clearly indicate that the gift to one party is the personal property of one party.

    If the immovable property purchased by one of the parents for the children after marriage is registered in the name of the children of the investor, the immovable property shall be the personal property of one of the spouses.

  8. Anonymous users2024-01-29

    Article 18 of the Marriage Law shall be the property of one of the husband and wife under any of the following circumstances:

    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.

    Husband and wife may stipulate 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 unclear, the provisions of articles 17 and 18 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 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.

  9. Anonymous users2024-01-28

    Personal property of husband and wife refers to all the property owned by the husband and wife within a certain range after marriage, according to the law of negotiation in rem or according to the agreement of the parties. Generally, it includes legal personal property and contractual personal property. Specifically, it includes the pre-marital property of one party, and the compensation or compensation received by the party who holds the register for personal injury.

    Article 1063 of the Civil Code The following property shall be the personal property of one of the spouses: (1) the premarital property of one of the spouses; (2) Compensation or compensation received by one party for personal injury; (3) Property identified in a will or gift contract as belonging to only one party; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.

  10. Anonymous users2024-01-27

    Personal property usually refers to the property that is still owned by the parties during the marriage, and does not belong to the joint property of the husband and wife. For example, the property and income obtained before the marriage belong to the personal property of the parties in accordance with the law, or the compensation for personal or stove damage is also personal property.

    Legal basisArticle 1063 of the Civil Code.

    The following property is the personal property of one of the spouses:

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

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

    (3) Property identified in a will or gift contract as belonging to only one party;

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

    5) Other property that shall belong to one side.

  11. Anonymous users2024-01-26

    Legal Analysis: In China, it refers to the property acquired by citizens through labor or other legal means. Includes:

    The legal income, houses, savings, daily necessities, cultural relics, library materials, forests, livestock, means of production and other legal property permitted by law for citizens. Ownership of the property is vested in the individual citizen. The law protects the lawful personal property of citizens.

    Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

    1) Wages, bonuses, and remuneration for labor services;

    2) Income from production, operation and investment;

    3) income from intellectual property rights;

    4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

    5) Other property that shall be jointly owned.

    Husband and wife have equal rights to dispose of joint property.

  12. Anonymous users2024-01-25

    (1) The personal property of one of the spouses is a situation in which the ownership of such property belongs to one of the spouses and the spouse does not enjoy the ownership of the property, even during the existence of the marital relationship.

    The property of one of the spouses includes the following property:

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

    2) 1) Medical expenses, living allowances for the disabled, grinding sources and hail and other expenses obtained by the blind sail 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 the exclusive use of one side;

    5) Other property that shall belong to one side.

    The details are as follows: According to the provisions of the Civil Code of China, the following property belongs to the personal property of husband and wife:

    1) The pre-marital property of one party, and the pre-marital property belong to the personal property of the husband and wife;

    2) Medical expenses and living allowances for disabled persons received by one party due to bodily injury. In such cases, whether before or during marriage, compensation for bodily injury suffered belongs only to the individual disabled person and is the property of the individual disabled person;

    3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; In this case, it can only be the personal property of the husband and wife if it is expressly stated to belong to one party. In life, gifts are often encountered, and if there is no clear explanation, it can only be handled as the joint property of the husband and wife;

    4) Daily necessities for the exclusive use of one side; Such as personal clothes, shoes and hats, watches, etc.;

    5) Other property that shall belong to one side. This is a catch-all clause that addresses some new types of property.

    If you live with your parents, the family property should be the husband and wife, or the child has independent earning capacity, then the child's income should also be included in the family property. It's just that even the closest family members basically keep their own custody of property income.

    2. Personal property acquired after marriage.

    1. Medical expenses and living allowances for the disabled due to physical impairment;

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

    3. Daily necessities for one party;

    4. Military insurance premiums, disability subsidies, medical life subsidies, etc.;

    5. The property necessary for one party to engage in a specific occupation, except for the property of a relatively large value;

    6. The prize obtained by one party is not a bonus;

    7. Health care expenses and insurance compensation of a personal nature;

    8. Scientific research allowance;

    9. One party's creative works are privately owned, and the economic benefits are shared;

    10. Compensation for termination of labor relations, etc.

    4. Agreed personal property.

    It is the property owned by one of the spouses as agreed by the husband and wife. However, in order to evade debts or other acts contrary to social morality, the property is owned by one party, and the agreement is invalid.

  13. Anonymous users2024-01-24

    The following property is the personal property of one of the husband or wife: 1. Property of one party before marriage; 2. Compensation or compensation obtained by one party due to personal injury; 3. The property that is determined to belong to only one party in the will or gift contract; 4. Daily necessities for one party; 5. Soldiers' insurance premiums, disability subsidies, and medical living allowances; 6. The personal property of one of the husband and wife produces fruits and natural appreciation after marriage; 7. Other property that should belong to one party.

    What property is personal property.

    The following property is the personal property of one of the spouses: (1) the pre-marital property of one of the spouses. (2) Compensation or compensation received by one party for personal injury;

    3) Property that is confirmed to belong to only one party in a will or gift contract. 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.

    Is the appreciation of the couple's personal property personal property personal property after marriage personal property?

    The marital income of the couple's personal property is divided into three categories: fruits, investment income and appreciation. Among them, the investment income is jointly owned by the husband and wife, and the fruits and natural appreciation are owned by the individual. The active appreciation of the couple's personal property after marriage is the joint property of the husband and wife, and the passive appreciation after marriage is the personal property of the husband and wife.

    What property is pre-marital personal property.

    1. Individual-owned property, such as wages and bonuses, income from production and operation, income from intellectual property rights, property obtained by inheritance or donation, capital gains and other legal income.

    2. Property rights that one party has acquired before marriage, such as creditor's rights obtained by one party before marriage.

    3. The fruits of pre-marital property, including the pre-marital fruits of the property of individual infiltrators.

    4. One party exists in the form of money, equity and other forms before marriage, and after marriage it appears as another form of property.

    Is marital property considered personal property.

    Generally speaking, the deposits before the marriage belong to the individual, and the deposits increased after the marriage are generally the joint property of the husband and wife.

    Therefore, if there is no agreement that the property during the existence of the marital relationship shall be owned by each other, the property of the husband and wife is joint property and is not considered personal property.

    Article 1065 of the Civil Code.

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