After marriage, is the property of my parents considered to be the joint property of the husband and

Updated on society 2024-03-04
8 answers
  1. Anonymous users2024-02-06

    The purchase of real estate by parents after marriage is not necessarily the joint property of husband and wife, and the property that is determined in the will or gift contract to belong to only one of the husband or wife, even if the subjective wish of the parents to buy real estate for their children after marriage is for one of their children, it is generally not clearly stated that it is for their children, and if a divorce dispute arises, it is unclear whether the ownership of the real estate is the personal property of one party or the joint property of the husband and wife. In the actual acceptance of a case, if there is no favorable evidence to show that it was only given to one's children, it is generally considered to be the joint property of the husband and wife. Article 7 of the Interpretation (3) of the Marriage Law clearly stipulates that if the immovable property purchased by one of the parents for the children after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife. Paragraph 2 of Article 7 stipulates that if the property rights of the immovable property purchased by the parents of both parties are registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the share of the capital contribution of each parent, unless otherwise agreed by the parties.

    The Interpretation clearly stipulates that if a parent's contribution to a child's property is registered in the name of his or her child, it is considered to be a gift to his or her own child, not the joint property of the husband and wife. If the two parents jointly contribute, they will be jointly owned according to the proportion of the contribution. The author also believes that such a provision is fair and reasonable.

  2. Anonymous users2024-02-05

    Hello, yes, it is joint property after marriage, and personal property if it is before marriage.

    For more details, common property can be found with a legal partner, and the legal platform can refer to it more specifically.

  3. Anonymous users2024-02-04

    Legal analysis: If the property given by the parents after the marriage of the husband and wife is not specifically designated as a gift to one party, it is deemed to be a gift to both husband and wife and belongs to the joint property of the husband and wife.

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

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

    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.

  4. Anonymous users2024-02-03

    Legal Analysis: The property given by the parents after the marriage of the husband and wife is generally the joint property. However, unless the parents expressly indicate that it is a gift to their personal children.

    According to the relevant laws and regulations, the inherited or donated property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife. However, this does not apply to property that is determined in a will or gift contract to belong to only one party.

    Legal basis: Civil Code of the People's Republic of China Article 1062 The following property acquired by 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.

    Article 1063 The following property shall be the personal property of one of the husband and wife:

    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; Eraser.

    4) One side specializes in bulk daily necessities;

    5) Other property that shall belong to one side.

  5. Anonymous users2024-02-02

    Legal Analysis: The property donated after marriage shall belong to the joint property of the husband and wife and shall be jointly owned by the husband and wife.

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

    Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is 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 the right to dispose of joint property.

    Article 1063:The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; 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; (4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.

    Article 1065:A man and a woman may agree that property earned during the existence of the marital relationship and pre-marital property 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 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.

  6. Anonymous users2024-02-01

    The money given to me by my parents after marriage is generally counted as joint property of the husband and wife, but if the parents determine in the gift contract that the money is only for their children, it is counted as personal property.

    According to the laws of our country, the property that is determined to belong to only one party in a will or gift contract is the personal property of one of the husband and wife.

    Legal basis] Article 1063 of the Civil Code, the following property is the personal property of one of the husband and wife:

    1) the pre-marital property of one of the parties; This grandson demolition.

    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;

    4) One party's special daily necessities;

    5) Other property that shall belong to one side.

  7. Anonymous users2024-01-31

    Legal analysis: This depends on whether the parents make it clear that only one party is a gift when gifting, if it is clear that the property is only a gift to one party, then even if one party's personal property, if there is no clear gift to one party when the gift is made, then it is regarded as a gift to both husband and wife, and it is a joint property.

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

    Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

    Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

    Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

    Article 1049: Both men and women who wish to marry shall apply for marriage registration in person at the marriage boarding and bridge recording office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Completing the marriage registration is to establish the marriage of Guan Min Zao Meng.

    Where marriage registration has not been completed, the registration shall be re-registered.

    Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

    Article 1051 Marriage shall be null and void under any of the following circumstances:

    a) bigamy; 2) Have a family relationship that prohibits marriage;

    3) They have not reached the legal age for marriage.

  8. Anonymous users2024-01-30

    The parents' estate is generally the joint property of the husband and wife, but it should be noted that there is an exception to the property of only one party in the will. Community property refers to the property acquired by the husband and wife through labor, inheritance or donation during the existence of the marital relationship.

    [Legal basis].

    Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship is 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.

    Article 1063:The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; 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; (4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.

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