If there is a property before marriage, if it is sold after marriage, does the money belong to the j

If you have a property before marriage and sell it after marriage, the money does not belong to the joint property of the husband and wife, but still belongs to the pre-marital property.

Pre-marital property refers to property acquired by one of the spouses before the 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.

In China's early marriage law and other corresponding regulations, there was no provision for premarital property, and it was tacitly assumed that all property after marriage was the joint property of both parties. However, the amended Marriage Law stipulates that premarital property belongs to one of the spouses, and the relevant provisions are as follows:

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

Citation: here.

Ten. Article 7 and Article 18 means that during the existence of the relationship between husband and wife, most of the property is in common, and the property before marriage and some other eligible properties belong to one party).

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

No, but you have to have proof that the money is the seller's money.

You'll see if you're notarized or not. If notarized is the previous party, it is still the same party. If not, it seems that the property can only be divided after more than 3 years of marriage.

If you bought it yourself before marriage, then it is your own money, not joint property. If you bought it together and only one person's name was written, then it should be considered joint property, as it will increase in value after marriage.

The money from the sale of the pre-marital property is not part of the marital property.

Analysis of the legal calendar:

If the property is sold before marriage and after marriage, if there is no special agreement, it will not belong to the joint property of the husband and wife. The personal property of one party as prescribed by law includes: the premarital property of one party; compensation or compensation received by a party for personal injury; Property that is determined to belong to only one party in a will or gift contract.

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.

Legal analysis: If the property is sold before marriage and after marriage, if there is no special agreement, it will not belong to the joint property of the husband and wife. The property that belongs to one party as personal property under the law is:

a party's pre-marital property; compensation or compensation received by a party for personal injury; Property that is determined to belong to only one party in a will or gift contract.

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; Spike land.

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.

If the property is a pre-marital personal property, then the money received after the sale is not joint property. According to Article 1062 of the Civil Code, which came into effect in 2021, the following property acquired by the husband and wife during the existence of the marital relationship is the joint property of the husband and wife and belongs to the husband and wife: (1) wages, bonuses, and remuneration for labor services; 2) Income from production, operation and investment; Sanmolu) 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 1062 of the Civil Code: The following property acquired by a husband and wife during the existence of a 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 travel 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.

Therefore, if there is no special agreement on the property of one party before marriage, it should not belong to the joint property of the husband and wife according to the law. Husband and wife may, in accordance with the pre-marital agreement, that the pre-marital property during the existence of the marital relationship shall be owned separately or jointly or partly jointly. If the agreement is jointly owned by both parties, that is, whether it is sold or not, it should be regarded as the joint property of the husband and wife.

The first case: joint property of the husband and wife.

The following property acquired by the husband and wife during the marriage 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 or gifts obtained by inheritance, except in the second case, Article 3;

5) In other cases, property that is jointly owned.

Husbands and wives have equal rights to dispose of all joint property.

The second case: the property of one of the spouses.

In any of the following circumstances, it will be regarded as the property of one of the spouses:

1) Unilateral premarital property banquets;

2) Medical expenses and expenses related to living allowances for the disabled received by one of the parties due to physical injury;

3) Property that is determined in the gift contract or in the will to belong solely to the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

The third case: the property agreed upon by the husband and wife.

Marital Property Agreement: Husband and wife may stipulate that property acquired during the marriage relationship and property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. If there is no agreement or the agreement is not clear, refer to the relevant provisions of the above two situations.

Secondly, the agreement between the husband and wife on the property acquired during the marriage relationship and the property before the marriage is binding on both parties.

Where the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debts owed by the wife or husband unilaterally to the outside world are known to the third party, the debts shall be paid off with the property owned by the wife or the husband.

Legal basis: Civil Code of the People's Republic of China

Article 1062 The following property acquired by a 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 shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Note: The Civil Code came into force on January 1, 2021.

Property before marriage and sold after marriage is not considered joint property. Pre-marital property shall not be converted into joint property of the husband and wife due to the continuation of the marital relationship, unless otherwise agreed by the parties. "Joint property of husband and wife" refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife.

[Legal basis].Article 1062 of the Civil Code.

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.

Legal analysis: Whether the pre-marital property belongs to the joint property of the husband and wife is divided into the following situations:

1. If the pre-marital property is fully funded by one party before marriage and is registered in the name of one party, then the real estate belongs to the registrant. If the property is sold after marriage, it also belongs to the registrant and does not belong to the joint property of the husband and wife;

2. One party makes a down payment before marriage and registers it in the name of one person, and both parties repay the loan jointly after marriage, and the part of the husband and wife who jointly repay the loan and the part that increases the value of the house at the time of divorce belong to the joint property of the husband and wife and can be divided;

3. One party makes a down payment before marriage and registers it in the name of both parties, and both parties repay the loan jointly after marriage, and the house belongs to the joint property of the husband and wife at the time of divorce and can be divided;

4. If one of the parties to the pre-marital property makes a down payment and is registered in the name of the parents of the funder, and after the marriage, the parents of one of the parties contribute the capital or the property owner repays the loan with the pre-marital property, and the house is not the joint property of the husband and wife after being sold at the time of divorce and cannot be divided.

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 liquid stool 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 received by one party for personal injury or compensation for burial;

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.