Advice on pre marital and post marital property

1. There are no specific provisions in the law on decoration fees.

2. My personal opinions are as follows:

The house that the woman bought with the housing provident fund before marriage, and the real estate certificate is in the woman's name.

The part paid before the marriage registration date, whether in cash or housing provident fund + together as the personal property part of the house.

asked the man to pay 200,000 yuan for decoration.

Regarding this part, at the time of divorce, see if there is a request to live in this house or plan to sell.

If it is a pre-situation.

Then it is necessary to negotiate on the renovation part, and if it is not successful, it is necessary to assess how much the renovation part can be discounted, and then use it as personal property.

If it is, it depends on how much the decoration part is reflected in the ** of the sale, and then it is used as personal property.

Moreover, after marriage, they have to repay the mortgage together, in case they are not together in the future, how is the property legally defined?

After the date of registration, whoever pays the money is joint property and is divided equally.

If the renovation is repaid, should the relevant vouchers be retained?

Of course, it is necessary as proof of contribution.

If one of the husband and wife signs a contract for the sale and purchase of real estate before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who paid the down payment, the real estate shall be disposed of by agreement between the two parties at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.

1。Does the notarization of prenuptial property have to be carried out before the marriage is registered, and is it invalid after that?

If both parties agree, it can also be done after marriage, preferably before marriage. After marriage, you can also make property agreements.

2。I bought a house the year before last, but the property rights have not yet been done, and the official purchase invoice has not been issued, some are only special advance receipts and taxes for the purchase of houses, maintenance receipts, and the contract is also with the developer, only a purchase agreement, whether it can be notarized.

Absolutely.

3。For example, I bought **10,000, and the current price is only worth 8,000. So when I notarize, do I write 8,000 or 10,000? And am I alone in the losses and gains of these investment varieties?

Purchased before marriage, of course, this ** belongs to you, write how many shares of xx company ** when notarizing, and the income of this ** after marriage is common property, of course, if there is a property agreement, say otherwise.

4。I consulted the local notary office, saying that it is a deposit and other needs to be notarized, but the house is not used, saying that there is a property right and an invoice, if the purchase time is before the marriage registration, it can be proved that it is personal, so there is no need for notarization, is this so?

Of course, the notary office actually saves you the notary fee.

Pre-marital property refers to property acquired by one of the spouses before the marriage. The pre-marital property of one party shall not be divided in the event of divorce.

Article 18 of the Marriage Law In 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 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. Unless otherwise agreed by the parties.

A party's pre-marital property refers to property acquired by one party before marriage, including movable and immovable property. One party's pre-marital property can be divided into the following 4 categories:

1) Individual-owned property, 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.

2) Property rights that one party has acquired before marriage, such as creditor's rights obtained by one party before marriage.

3) Interest on pre-marital property, including pre-marital interest on personal property.

4) One party exists in the form of money, equity, etc. before marriage, and after marriage it manifests itself as another form of property.

The property owned by both parties before the registration of the marriage shall be owned by one party, and the property acquired by one party alone or jointly owned by both parties after the marriage registration date shall be regarded as the joint property of the husband and wife after the marriage registration, unless otherwise provided by law or specially agreed by the parties. The purpose of this provision is to simplify property relations and facilitate the division of the joint property of the husband and wife in the event of divorce.

Considering the purpose of the purchase of the house and the relevance of the whole process of the purchase of the house, the time of signing the purchase contract should be the time of "house purchase", and the nature of the act of "house purchase" should be best reflected when the contract is signed. Therefore, the property should be pre-marital property.

For your pre-marital property, you just need to make sure that your name is written on the real estate register. The reasons are as follows: First, the premarital property of one of the spouses, whether movable or immovable, tangible or intangible, is protected by law as long as it is lawfully acquired.

Secondly, as long as your name is written on the real estate registration, it can be recognized as your personal property. Article 11 of the judicial interpretation of the new Marriage Law stipulates that if one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and the immovable property is registered in the name of the party paying the down payment after marriage, the immovable property may be recognized as the personal property of the owner of the immovable property at the time of divorce, and the part of the loan that has not yet been repaid shall be the personal debt of the owner of the immovable property.

Don't do anything too much unless you're involved in repaying the loan... Or you can just buy another set.

I feel that you should convince your parents that you should not write your name, the down payment is from your husband's family, just write her name, but in the repayment process, you come to repay the mortgage, if you divorce, you will be compensated, if the husband and wife have just entered the marriage, just like that, there will be a gap in the future, I feel that the two of you should discuss the matter between the two of you, don't involve your parents in it, otherwise the marriage is difficult to maintain.

If the house was acquired before obtaining the certificate, it shall be deemed to be premarital property. It is inherited equally by you, your brother, and your stepmother, and the savings you are talking about, if you can adduce evidence, will also be divided equally among the three of you, but if the deposit is obtained after obtaining the certificate, half of it will belong to your stepmother's joint property, and the remaining half will be divided equally between you.

It is pre-marital property.

It's all related. Your father's estate, if there is no will, is treated as a legal inheritance.

It is inherited by you, your stepmother, your brother, and your father's parents.

Lawyer Wei Feng.

Personally, I think it belongs to pre-marital property, and you, your brother, your stepmother, and your grandmother can inherit it.

The fundamental difference between pre-marital property and post-marital property is the time at which the property was acquired. If it was acquired before the marriage was registered, it was pre-marital property; If it is acquired after the marriage is registered, it is considered marital property.

Article 17 of the Marriage Law The following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained 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.

1.The house belongs to your father's pre-marital property, which is a personal inheritance2Since your father had obtained a marriage certificate with that woman before his death, she is your father's legal wife and has the right to inherit your father's estate in accordance with the law.

3.Regarding how to inherit the estate, in special circumstances such as the absence of a will, according to the Inheritance Law: First order: spouse, children, parents. In the first order, if there is only you, your brother, and the woman, then you will each get 1 3.

I hope I make it clear.