My husband s pre marital property, we are going to divorce, is there any appreciation of the propert

1. The husband's pre-marital property and the income generated after the marriage belong to the joint property of the husband and wife. Except for yields and natural gains.

2. It can be seen that the husband's pre-marital property and post-marital fruits (such as deposit interest) and natural appreciation (such as the increase in the value of the house caused by the fruit of the tree and the house price**) belong to his personal property, and the other party does not enjoy legal rights and interests and has no right to demand division; In the case of the husband's pre-marital property, the income obtained from the property other than the fruits and natural appreciation (e.g. rent from the rental of the house, income from the investment company of the capital) is the joint property of the husband and wife, and the other party has the right to demand a division.

Interpretation III of the Supreme Court on the Marriage Law.

Article 5: The income generated by the personal property of one of the husband and wife after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation.

1. According to the provisions of Interpretation III of the Marriage Law, pre-marital real estate belongs to personal property, and in case of divorce, the property rights will be assigned to the individual;

2. If there is repayment of the loan after marriage, the repayment part of the loan belongs to the joint property;

3. If the name of the other party is added to the property certificate and the other party is jointly owned, the size of the contribution to the house will be considered when the divorce is divided, and it will be distributed according to a certain proportion.

Therefore, it is recommended that you convince your husband to add your name to the title deed, otherwise you will not have your share if you do not have your name and you do not repay the loan. Thank you!

Pre-marital property is personal property. Divorce is subject to the division of the joint property of the husband and wife. Therefore, in the situation you described, divorce should be indivisible. If you are not sure, go to the legal consultation post and ask a lawyer for analysis.

Do you say that the room before and after marriage is the same suite?

Legal analysis: The property of the husband and wife before marriage belongs to each other, and they do not participate in the division when they divorce. If there is an agreement between the two parties on the division of property, the property shall be divided in accordance with the agreement between the two parties.

Article 1063 of China's Civil Code 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) The property specified in the will or gift contract to be returned to only the husband or wife;

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

5) Other property that shall belong to one side.

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

Article 1076:Where both husband and wife divorce voluntarily, Xing Qinxian shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with others;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Summary. Hello, I am happy to answer for you, after marriage, the man's premarital property appreciates, and the divorce is also counted as the man's personal property.

After marriage, the man's property appreciates before marriage, how to calculate divorce.

Hello, I am happy to answer for you, after marriage, the man's premarital property appreciates, and the divorce is also counted as the man's personal property.

1. The purchase of personal property before marriage and the appreciation of real estate after marriage. The part of the increase in the value of the property during the marriage also belongs to the personal property of one party and does not belong to the joint property of the husband and wife. Therefore, at the time of divorce, the part of the property appreciation after marriage will not be divided, and only belongs to the property owner of the house.

2. Purchase of personal property before marriage, and repay the loan jointly by the husband and wife after marriage. The appreciated portion of the joint repayment of the loan shall be divided according to the joint property of the husband and wife at the time of divorce. 3. After marriage, the husband and wife jointly purchase and repay the loan jointly after marriage.

This property belongs to the joint property of the husband and wife, and the value of the house at this time will be divided according to the joint property of the husband and wife at the time of divorce, and the appreciation part of the property does not need to be listed separately to divide.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China: A man and a woman may agree that the property acquired during the marriage relationship and the 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 not clear, the provisions of Articles 1062 and 1063 of this Law shall 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. 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 shall be paid off with the personal property of the husband or wife if the husband or wife is aware of the agreement.

Roger, thank you.

Don't bother anymore. Thank you! Uh-huh.

If there is no special agreement, the property divided at the time of divorce can only be the joint property of the husband and wife, and the house cannot be divided after the divorce as the husband's pre-marital property.

Legal basis: Article 1062 of the Civil Code stipulates that the following property acquired by 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; Finger width.

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.

According to the Civil Code of the People's Republic of China, the premarital property of one of the husband and wife refers to the property that one of the husband and wife has acquired before the marriage, and the premarital property belongs to each of them and is not divided. If the husband and wife agree to divide the premarital property through consultation, the division shall be in accordance with the agreement. Premarital property notarization can generally be handled by one person.

That is, if both the man and the woman have not yet registered their marriage, one of them can go through the notarization formalities on his own. However, if both the man and the woman have registered their marriage, they must be handled in person. Article 25 of the "Notarization Law of the People's Republic of China" provides that natural persons, legal persons or other organizations may apply for notarization to the notary public at the place of residence, habitual residence, place of conduct or place where the incident occurred.

Article 27: The parties applying for notarization shall truthfully explain to the notary public the relevant circumstances of the matters applied for notarization, and provide true, legal and sufficient supporting materials; If the supporting materials provided are insufficient, the notary public may request supplementation. , with the right of inheritance. The other half of the property is prepared before marriage and has the right to inherit.

The spouse of a spouse may inherit the pre-marital property left by one of the spouses at the time of his or her death. Therefore, no matter how many years of married life, the spouse has the right to inherit. , Article 1127 of the Civil Code of the People's Republic of China, inheritance of inheritance in the following order:

First order: spouse, children, parents. Second order:

Siblings, grandparents, maternal grandparents. After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not. If there is no first-order heir, the second-order heir shall inherit.

Article 1063 of the Civil Code of the People's Republic of China provides that the following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (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.

Yes, the theory is that pre-marital property is personal property and not joint property of the husband and wife.

In accordance with the provisions of the Marriage Law and the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts (hereinafter referred to as the "Property Division Opinions"), combined with judicial practice, the people's courts shall follow the following principles when hearing divorce cases and dividing the joint property of husband and wife:

1. The principle of equality between men and women. The principle of equality between men and women is not only reflected in the various legal norms of the Marriage Law, but also serves as a guide for the people's courts in handling marriage and family cases. This principle is embodied in the division of property in divorce, that is, the husband and wife have the right to divide the joint property equally and bear the obligation of joint debts equally;

2. The principle of taking care of the interests of children and the woman. The "care" here can not only give the woman an appropriate share of the property, but also allocate a certain property that is particularly needed for life, such as housing, to the woman in terms of the type of property. After all, in terms of customary forces, obstacles caused by the influence of traditional factors, and women's housework burdens and physiological characteristics, after divorce, women are generally weaker than men in finding jobs and earning a living, and they need more help from society.

At the same time, when dividing the joint property of husband and wife, special attention should be paid to protecting the lawful property rights and interests of minors. The lawful property of minors cannot be included in the joint property of the husband and wife for division;

3. The principle of conducive to life and convenient life. The division of joint property in divorce should not be carried out without compromising the utility, performance and economic value of the property. When dividing the means of production in the common property, they should be distributed to the party who needs the means of production and can better play the role of the means of production; When dividing the means of subsistence in the common property, it is necessary to satisfy the professional or professional needs of the individual as much as possible, so as to give full play to the use value of the property.

The indivisible property shall be owned by one party according to the principle of actual needs and beneficial utility, and the dividing party shall compensate the other party according to the actual value at the time of divorce in accordance with the principle of equity;

4. The principle of non-abuse of rights. When dividing the joint property of the husband and wife in a divorce, the property belonging to the state, the collective, or others must not be divided as the joint property of the husband and wife, and the lawful interests of others must not be harmed in the name of dividing the joint property of the husband and wife;

5. Where property owned by one of the spouses is consumed, damaged, or lost during common life, the other spouse shall not compensate for it. This is a summary of judicial practice experience, which meets the requirements of the relationship between husband and wife and the essence of marital life, and is conducive to avoiding unnecessary disputes.

Yes, pre-marital property is not joint property, and the wife has nothing.

If the property before the marriage belongs to the individual, the other party will not be able to share it in the divorce unless there is an agreement.

It is the case that one party's pre-marital property has nothing to do with the other.

The property you both have while you live together is joint property.

No, the property that belonged to one party before the marriage can only divide the joint property of the husband and wife in the divorce.

According to the Marriage Law of the People's Republic of China:

Article 17 The following property acquired by husband and wife during the existence of their 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.

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;

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: 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.

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.

Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Therefore, in the event of a divorce, the joint property of the husband and wife is disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.