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Personal property before marriage, regardless of how many years have passed, belongs to the person.
Marriage Law" and other laws stipulate that premarital property refers to property acquired by one of the spouses before marriage. The pre-marital property of one of the spouses, whether movable or immovable, tangible or intangible, is protected by law as long as it is lawfully acquired and belongs to each individual.
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How long does pre-marital property not be converted into joint property, unless otherwise agreed by the parties.
Article 19 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that: "The property owned by one of the husband and wife as provided for in Article 18 of the Marriage Law shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship.
The new Judicial Interpretation (III) of the Marriage Law abolishes the provision that real estate after eight years of marriage is jointly owned by husband and wife.
Point 6 of the Several Specific Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts is as follows:
Property owned by one party before marriage and jointly used, operated and managed by both parties after marriage, and houses and other means of production of greater value after 8 years, and valuable means of subsistence after 4 years, may be regarded as joint property of husband and wife.
Article 18 of the Marriage Law of the People's Republic of China stipulates that under any of the following circumstances, it shall be the property of one of the husband and wife:
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. Article 19 stipulates that husband and wife may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly.
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A long time ago, there was indeed a rule on how many years to belong.
However, under the current marriage law, it is personal property for many years.
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Didn't say how many years, add your name after marriage. I guess it's okay. Specifically, you go to the lawyer on the legal partner platform, matrimonial property.
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Legal Analysis: The property purchased before the marriage belongs to the personal property of one party before the marriage. However, the real estate is effective with registration, and the act of adding the name to the real estate certificate after marriage is regarded as a gift from one party to the other party, and the real estate is converted into the joint property of the husband and wife.
For the division of the property, the court will generally divide it in half.
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 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) the 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 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. Pai.
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Buying a house before marriage and writing the man's name is generally not considered the joint property of the husband and wife, because the premarital property of one party is not converted into the joint property of the husband and wife due to the marriage relationship; However, if the house is changed and registered as two people after marriage, or if the husband and wife have a property agreement stipulating that the property is jointly owned after the marriage, it is the joint property of the husband and wife.
1. What kind of person needs premarital property notarization.
The most important things to do before marriage personal property notarization are: the husband and wife who remarry, those who are married for the second time, and those who have joint property before marriage. The pre-marital personal property of one of the spouses shall not be converted into the joint property of the husband and wife as a result of the continuation of the marital relationship.
Unless there is a property agreement between the husband and wife, it is agreed that the deposit before marriage and joint ownership after marriage shall be transferred to the joint property of the husband and wife.
2. Whether pre-marital property is considered joint property after divorce.
Pre-marital property is not considered joint property after divorce. In the case of the personal property of one of the spouses, the law provides that it shall not be converted into joint property by virtue of the continuation of the marital relationship. Unless otherwise agreed by the parties.
The parties may agree that the pre-marital property shall be separately or jointly owned, or partly separately or partly jointly. If the pre-marital property is agreed to be joint property, it will be divided according to the joint property at the time of divorce.
3. How to divide the premarital property after the divorce of the husband and wife.
Division of marital property between husband and wife before divorce: premarital property vests in the husband and wife after divorce, and their personal property is not divided at the time of divorce, and the other party has no right to demand division; The personal property of the husband and wife shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship between the husband and wife, but if the man and woman agree that the property before the marriage is jointly owned, it may be divided according to the joint property of the husband and wife, that is, there is an agreement to follow the contract, and there is no agreement to the court judgment.
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Legal analysis: If there is no special agreement between the pre-marital property of the husband and wife, how many years of marriage will not become the joint property of the husband and wife. In principle, the pre-marital property of one of the spouses shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship, and if the man and the woman agree on the joint or partial joint ownership of the pre-marital property, the part of the property shall be considered joint property.
Legal basis: Civil Code of the People's Republic of China
Article 1062? The following property acquired by the husband and wife during the marriage 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 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 one party's special use of the raiders;
5) Other property that shall belong to one side.
Article 1065? The man and the woman may agree that the property acquired during the marriage and the property before the 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 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.
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Legal Analysis: The pre-marital property of one party is the personal property of one of the spouses. Before the marriage, the house that one party has purchased, paid for and has ownership of is obviously the pre-marital property of one party, which is personal property and not joint property of the husband and wife.
However, if one party buys a house with his or her own funds before the marriage, but for some reason the property is registered in the names of both parties, this is considered a gift to the other party, in which case the house is the joint property of the husband and wife. 2.If one of the parents pays for the purchase of a house for their children, and the property rights are registered in the name of the funder's children, it shall be regarded as a gift to only one of their children, and the house shall be recognized as the personal property of one of the spouses.
However, if the property is registered in the names of both husband and wife, it shall be regarded as a gift to both husband and wife, and the house shall be recognized as the joint property of the husband and wife. Secondly, if the house is purchased with the capital contribution of both parents, and the property right is registered in the name of one of the children, the house can be recognized as jointly owned by both parties according to the share of their respective parents' capital contributions, and belongs to the joint property of the husband and wife. In reality, many parents use up their life savings to buy a house for their children, and this provision is also a protection for the property of both parties and their parents in the marriage.
3.If one party signs a sales contract before marriage and pays the down payment with personal property, if the loan is repaid with the joint property of the husband and wife after marriage, and the house is registered in the name of the down payment house, it can be handled by agreement first, and if the agreement is not reached, the court generally determines that the house belongs to the party with property rights registration, and the money repaid jointly by both parties can be compensated by one party to the other party. Legal basis:
Article 17 of the Marriage Law of the People's Republic of China provides that the following property acquired by a husband and wife during the existence of a marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; 3) income from intellectual property rights; (4) Property acquired by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; 5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.
Legal basis: Civil Code of the People's Republic of China
Article 1062:The following property acquired by a 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;
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: The property purchased before the marriage belongs to the personal property of one party before the marriage. However, the real estate shall be effective by registration, and the act of adding the name to the real estate certificate after marriage shall be regarded as a gift from one party to the other party, and the real estate shall be converted into the joint property of the husband and wife.
For the division of real estate, the Zhafan Feng Court will generally divide it in half.
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 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;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
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1. How to divide the real estate after marriage.
Under normal circumstances, if the name is added after marriage, the property belongs to the joint property of the husband and wife, and it will be divided equally when the divorce is delayed. If you buy a house before marriage, then the name of the party whose name is written on the house belongs to that party and belongs to personal property. Unless the buyer puts the house on which this marital property is just.
The name of the property after marriage is the joint property of the husband and wife, and it can be divided as the joint property of the husband and wife in the event of divorce. Community property is usually divided equally between the man and the woman in the event of divorce.
2. How to divide the divorce of the house bought before marriage?
Divorce deals with the following types of real estate purchased before marriage:
1) Buying a house before marriage is paid by one party personally. In this case, it is legally the property of the husband and wife, not the joint property of the husband and wife, so it cannot be divided, and the disposition of the property in the event of divorce can only be based on the wishes of the owner.
2) The purchase of a house before marriage is funded by two people. Although they are not yet married, but the two jointly contribute to the purchase of the house, they can divide it, and if there is no agreement on the division method, the proportion of the capital contribution at that time will be followed.
3) One person pays the down payment and repays the loan after marriage. There are legal provisions that if the party who buys the house before marriage pays the down payment, the part of the down payment belongs to personal property, and the part of the loan repaid after marriage belongs to joint property and should be divided by the husband and wife.
3. Can I give money to my parents to buy a house after getting married?
Under normal circumstances, it is not counted, and the names of the parents written on the purchase of a house after marriage are not considered as the joint property of the husband and wife. The owner of the house is the principle of registration, the registrant of the real estate certificate is the owner of the property, the husband and wife buy a house after marriage, write the name of the parents, the house belongs to the housing legally owned by the parents, and the property rights have nothing to do with the couple. Unless the couple has proof of contribution, they can claim the creditor's rights.
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 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.
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