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Legal analysis: 1. Do not mix pre-marital property with post-marital property, and pay attention to retaining evidence; 2. Don't let the other party manage your personal property.
Legal basis: Article 1063 of the Civil Code of the People's Republic of China The following property is 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 caused by the loss of money;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Round-use guesses for the exclusive use of one party;
5) Other property that shall belong to one side.
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The parties can protect their premarital property in the following ways: Generally, they can confirm the ownership of the property and protect their property rights and interests by jointly signing a written premarital property agreement and making a list of the premarital property. If the parties consider it necessary, they can also apply for notarization at the notary office with the agreement, ID card, proof of ownership of relevant property and other materials, and receive a notarial certificate after review by the notary public and confirming that the conditions are met.
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 period of marriage 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 should be jointly owned by Yan Feng Angelica.
Husband and wife have equal rights to dispose of joint property.
Article 1063.
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 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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Ways to protect pre-marital property:
First, both parties need to sign a written prenuptial property agreement and make an inventory of prenuptial assets;
Second, both parties should apply for notarization at the notary office with the agreement, ID cards, ownership certificates of relevant property and other materials;
Third, under the guidance of the notary, complete the procedures for notarization and receive the notarial certificate.
The law is hereby based].
Article 1063 of the Civil Code provides that the following property shall be the personal property of one of the husband and wife:
1) The pre-marital property of one party that has been registered;
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) The property of the state that shall belong to one party.
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Ways to protect your pre-marital property:
1. Both men and women go through notarization procedures for their own property. The parties can legally and effectively determine the scope of their property through notarization, so as to avoid being mistakenly divided in the event of divorce;
2. The man and woman sign a premarital property agreement, which clearly stipulates that the premarital property shall belong to each other and shall not be mixed with the joint property of the husband and wife, and neither party shall have the right to request the division of personal premarital property in the event of divorce.
2. What are the contents of a prenuptial property agreement?
The prenuptial property agreement should contain the following contents: the prenuptial agreement mainly includes the time, place, the parties to the contract, the scope of the agreed property, and the ownership or division of the property. However, the most important of these is the property ownership agreement, according to the laws of China, the parties can agree on the ownership of the property obtained before the marriage and during the existence of the marital relationship, such as separate ownership, joint ownership, partial separate ownership, and partial joint ownership.
The main ones are: 1. The prenuptial agreement specifies the scope of premarital property, including the deposits, real estate, cars, and other valuables of both men and women before marriage;
2. The prenuptial agreement should clarify the ownership of the premarital property. The husband and the woman need to classify the property into the man's personal property, the woman's personal property and the suspected joint use of the property.
3. The ownership of pre-marital property after marriage should be written in the pre-marital agreement, such as deposit interest, house rent, etc.;
4. The conditions and time for the pre-marital property to take effect should be clearly marked;
5. Both men and women must sign and date the prenuptial agreement.
3. What matters to be paid attention to in the prenuptial property agreement.
The considerations for a prenuptial property agreement are:
1. The form must be written;
2. Clarify the scope of premarital property;
3. Clarify the proportion of pre-marital property to be shared after marriage;
4. The description of the property should be clear;
5. Clarify the conditions and time for premarital property to take effect, and if no special agreement is reached when the agreement takes effect, it will generally take effect after the marriage is registered;
6. Both men and women must sign and indicate the time;
7. A prenuptial property agreement can be signed before or after marriage.
A prenuptial property agreement refers to an agreement made between a man and a woman on the ownership of property acquired before and after marriage before marriage registration. The content of the agreement may be that the property before the marriage and the income after the marriage shall be owned separately, or it may be agreed to be jointly owned.
Article 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 awarded to 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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