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Anonymous users2024-02-07Pre-marriage refers to the marriage registration system implemented in China's Marriage Law, and the marriage of both men and women must go through the registration procedures of the marriage registration authority prescribed by law before the marriage is protected by law. Before and after marriage, the date of registration of marriage is the date of registration recorded in the marriage certificate, and the date of registration of marriage is the date of marriage. The premarital property of one of the spouses refers to the property acquired by one of the spouses before the date of marriage registration, and the premarital property belongs to the individual, which does not become joint property due to the length of the marriage, and may not be infringed upon by the party who is not the owner.
Based on the fact that the owner has complete control over the property, China's Marriage Law also recognizes that one of the spouses can freely dispose of his or her own personal property, that is, the personal property can be agreed to be joint property by agreement. However, due to the special nature of the relationship between husband and wife, in order to avoid unnecessary disputes, the Marriage Law also clearly stipulates that the agreement between the husband and wife on property shall be in written form. A property agreement agreed upon in writing is binding on both spouses.
In other words, premarital property is the personal property of one of the spouses and will not be divided in the event of divorce. Legal basis: The Marriage Law of the People's Republic of China shall be the property of one of the husband and wife under any of the following circumstances:
a) the pre-marital property of one of the parties; (2) Medical expenses, living allowances for the disabled, and other expenses received by one side due to bodily injury; (iii) Property identified in a will or gift contract as belonging 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 party.
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Anonymous users2024-02-06Pre-marital property refers to property acquired by one of the spouses before the marriage. It includes property obtained from personal labor before marriage, inherited or donated property, and other legal property. 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.
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Anonymous users2024-02-05Legal analysis: The pre-marital property of one party is personal property and is not included in the category of joint property of husband and wife.
Legal basis: Article 1,000 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
a) 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) The pre-mortem cleaning and living supplies of one party's special Hui block;
(5) Other property that shall belong to one party.
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Anonymous users2024-02-04Legal Analysis: The following property is the personal property of one of the spouses:
a) the pre-marital property of one of the parties;
2) One party obtains compensation or compensation from Lianwei for personal injury;
3) The property of the will or gift contract that is determined to belong to only one party;
(4) Daily necessities for the exclusive use of one side;
5) Other financial gifts that should belong to one party.
Legal basis: Article 1063 of the Civil Code of the People's Republic of China states that the following property is the personal property of one of the husband and wife:
a) 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 party.
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Anonymous users2024-02-03Pre-marital property is not involved in the division. Premarital property belongs to the premarital property of one of the parties, which is enjoyed by the individual alone, and does not participate in the division in the event of divorce. The premarital property of one of the spouses refers to the property that one of the spouses acquired before the marriage registration and belongs to the individual.
Article 1065 of the Civil Code, which came into force on January 1, 2021, stipulates that a man and a 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.
Article 1065 of the Civil Code.
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.
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Anonymous users2024-02-02Legal analysis: At present, there is no marriage law in China, only the provisions of the Civil Code of the People's Republic of China on marriage and family, premarital property belongs to personal property and belongs to one party, and the property divided at the time of divorce cannot be divided, and the property divided at the time of divorce is the joint property of the husband and wife.
Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman, and the party at fault without Chang in accordance with the specific circumstances of the property.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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