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Article 1063 of the Civil Code stipulates that 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 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.
In addition to the statutory personal property, the parties may also agree on the scope of personal property, either as the part of the statutory personal property as the joint property of the husband and wife, or as the part of the statutory joint property as personal property, and the effect of the agreement shall take precedence over the statutory effect.
It is worth noting that the property that is owned by one of the spouses under the law is not converted into joint property by virtue of the continuation of the marital relationship.
Unless otherwise agreed by the parties.
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What property is the personal property of one of the spousesFor example, when the woman gets married, the things that her mother's family marries are the unilateral property of the wife, such as the house, which is purchased by the man's parents before you know each other, is the man's personal property.
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One is pre-marital property, which is personal property belonging to one of the spouses, and the other is some compensation for bodily injury.
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What kind of property is the personal property of one of the spouses?
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Hello, there are some properties that belong to the personal property of one of the spouses, for example, pre-marital deposits, real estate.
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If it is a personal property purchased by either spouse before the marriage, especially real estate, these are independent property belonging to one of the spouses.
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Legal analysis: The personal property of husband and wife mainly includes the property of one party before marriage, the medical expenses obtained by one party due to physical injury, and the living allowance for the disabled. Below, we will give you a detailed description of the scope of personal property of the spouses.
A party's pre-marital property refers to property acquired by one party before marriage, including movable and immovable property. A party's premarital property can be divided into the following three categories: First, property owned by an individual, such as wages and bonuses, income from production and business, income from intellectual property rights, property obtained by inheritance or gift, capital gains, and other legal income.
The second is the property rights that have been obtained by the Yiqiao liquid party before marriage, such as the property rights of debts and grandchildren obtained by one party before marriage. The third is the fruits of premarital property, including personal property before marriage and personal property before marriage and fruits produced after marriage. Fourth, one party exists in the form of money, equity, etc. before marriage, and after marriage it manifests itself in another form of property.
Legal basis: According to 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; 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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Legal Analysis: Within the scope of the legal personal property of the husband and wife, the following property belongs to the personal property of the husband and wife: (1) the premarital property of one party; (2) Medical expenses and living allowances for disabled persons received by one party as a result of bodily 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 serviceman's insurance money, disability allowance, and medical living allowance belong to the soldier's personal property; (6) The portion of the serviceman's reinstatement allowance and self-employment allowance deducting the joint property of the husband and wife belongs to the personal property of the serviceman; (7) Where immovable property purchased by one party before marriage and registered in his or her own name, and the loan is repaid with the joint property of the husband and wife after marriage, unless otherwise agreed by the parties, in principle, the ownership of the rent shall be deemed to be owned by the registered name; (8) Where immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to one of his or her children, and the immovable property shall be recognized as the personal property of one of the spouses.
Legal basis: Article 18 of the Marriage Law of the People's Republic of China stipulates that the premarital property of one of the spouses is personal property, not the joint property of the husband and wife. Article 19 of the Marriage Law of the People's Republic of China
Article 18 of the Marriage Law stipulates that property owned by one of the husband and wife shall not be converted into joint property of the husband and wife due to the collapse or continuation of the marital relationship. Unless otherwise agreed by the parties.
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If the spouses do not have a property agreement, the following property is generally considered to be the personal property of the spouses: the pre-marital property of one of the spouses (regardless of the number of years elapsed); Medical expenses, disability allowances, etc., received by one party due to bodily injury; The will clearly stipulates that only the property of the husband or wife will be recorded. Bring the manuscript.
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Legal analysis: According to 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 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.
Legal basis: Article 1063 of the Civil Quarrel and Sales 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; Shengdan tour.
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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Legal analysis: According to Article 1063 of the Civil Code, the following property is the personal property of one of the spouses:
Kanichi Hungerno) 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 spine jujube;
5) Other property that shall belong to one side.
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;
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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The pre-marital property of one party and the pre-marital property belong to the personal property of the husband and wife; Medical expenses received by one party due to bodily injury, subsidy for the living of the disabled, etc. 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; Property that is determined in a 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 the case of gifts that are often encountered in life, and there is no clear explanation, it can only be handled as the joint property of the husband and wife; One side refers specifically to the daily necessities used in the noise. Such as personal clothes, shoes and hats, watches, etc.; and other property that should belong to one party.
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Article 1063 of the Civil Code provides:
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.
In addition to the statutory personal property, the parties may also agree on the scope of personal property, either as the part of the statutory personal property as the joint property of the husband and wife, or as the part of the statutory joint property as personal property, and the effect of the agreement shall take precedence over the statutory effect.
It is worth noting:
Property belonging to one of the spouses under the law shall not be converted into joint property by virtue of the continuation of the marriage.
Unless otherwise agreed by the parties.
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If the spouses do not have a property agreement, the following property is generally considered to be the personal property of the spouses: the pre-marital property of one of the spouses (regardless of the number of years elapsed); Medical expenses, disability allowances, etc., received by one party due to bodily injury; The will clearly states that the property will go to only one of the husband or wife.
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The property of the husband and wife before marriage is personal property and it is agreed that it is personal property. Other than that, they are all joint property.
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Check out the provisions of the Marriage Act.
Although invalid. The provisions attributed to the Civil Code have not changed much.
You can check the marriage section of the Civil Code.
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