Divorce Property disputes

Hello, according to the judicial interpretation of the Marriage Law, the bride price can be returned, and the most important thing is that there is no living together (that is, living together), even if the marriage has been registered.

The joint property of husband and wife refers to the property jointly owned by the husband and wife during the existence of the husband and wife relationship, which is regulated by the Marriage Law of the People's Republic of China. The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife. Husbands and wives have equal rights to dispose of jointly owned property.

The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse. Article 17 of the Marriage Law stipulates the scope of property that should be jointly owned by the husband and wife during the existence of the marital relationship, that is, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses refer to the wages and bonus income of one or both parties during the existence of the marital relationship, as well as various welfare policy income and subsidies; (2) The income from production and operation refers to the income from production and operation of one or both spouses during the existence of the relationship between husband and wife; (3) The income from intellectual property rights refers to the income from intellectual property rights owned by one or both spouses during the existence of the marital relationship; (4) Property obtained by inheritance or gift refers to the property acquired by one or both parties as a result of inheritance and acceptance of gifts during the existence of the marital relationship.

In the case of inheritance income, it refers to the acquisition of property rights, not the actual possession of property. Even if the marriage is not actually in possession before the termination of the marital relationship, as long as the inheritance occurs during the existence of the marital relationship, the inherited property is also the joint property of the husband and wife, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned. Article 18 stipulates the scope of property that should be the property of one of the spouses.

That is, in any of the following circumstances, it is the property of one of the husband and wife: (1) the premarital property of one party; (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) Other property that shall belong to one party. Property characteristics First, the limitation of time.

That is, the income from labor, production and operation, investment, intellectual property rights, inheritance and gift, and other legal income during the entire period of the marriage relationship from the receipt of the marriage certificate to the dissolution of the marital relationship are the joint property of the husband and wife. Even if the two parties do not live together or live separately, regardless of whether the property is managed and used by one party or both parties separately, as long as it is the property acquired after marriage, it is the joint property of the husband and wife, such as wages and bonuses, which is the most temporal. Second, the vested interest in property that is limited to the realm of ownership.

That is, tangible in-kind, cash, and foreseeable earnings. According to what you said, if there is no special agreement on the property of the husband and wife, it should be the joint property of the husband and wife. Because the case you mentioned is simple and unclear, you can call us for consultation.

Interpretation of Several Issues Concerning the Marriage Law of the People's Republic of China (3) Article 10 Where one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.

That is to say, in principle, the house is personal property, but if you have evidence that the purchase of the house before the marriage was also handled by two people, it can be recognized as joint property. In the event of a divorce, the division of property can only be to determine that the property is owned by one party and then make financial compensation to the other party for the corresponding share of the property.