How to divide property before marriage and how to distribute property after marriage

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. So how is the pre-marital property distributed in the event of divorce?

1. The concept of premarital property.

Pre-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.

2. Precautions for premarital property.

1. The key to judging whether it is premarital property is that the time of acquisition of property rights is before marriage. If the right to property was acquired before the marriage, but the property was actually taken after the marriage, it is in the nature of pre-marital personal property.

2. 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. Unless otherwise agreed by the parties.

3. Where personal property before marriage is naturally damaged, consumed, or lost during the common life after marriage, and one party requests compensation with the joint property of the husband and wife at the time of divorce, it will not be supported.

3. How to distribute premarital property in the event of divorce:

In practice, the division of premarital property mainly includes the following situations:

1. If the husband and wife agree in writing on who owns the property, or orally in oral form, and there is no dispute between the two parties, the divorce shall be handled according to the agreement. However, the agreement to circumvent the law is invalid.

2. The property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife, and the principle of disposing of the joint property shall be followed when dividing it.

3. During the existence of the marital relationship, the demobilization and demobilization expenses received by demobilized and demobilized servicemen shall be divided according to the joint property of the husband and wife if they have been married for more than 10 years.

The medical allowance and the production allowance brought back by the demobilized servicemen from the army shall belong to them.

4. The property acquired after marriage that is managed and used separately by the husband and wife in two separate places shall be recognized as the joint property of the husband and wife. When dividing property, the property managed and used separately by each party shall be owned by each of them.

If there is a huge difference in the property divided between the two parties, the party who has obtained the excess property shall compensate the other party with the property equivalent to the difference.

5. If you have registered your marriage and have not yet lived together, the gifts and gifts received by one or both parties shall be recognized as the joint property of the husband and wife, and the specific handling shall be considered in the case of reasonable division of property and quantity.

In principle, the property purchased and used by each party shall belong to each of them.

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According to the provisions of the Marriage Act, the pre-marital property of one of the spouses is generally owned by each spouse. Where there is an agreement on the property acquired during the existence of the marital relationship, it shall be disposed of by agreement between the parties, and if there is no agreement, the parties shall dispose of it by 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.

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.

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.

Legal analysis: It should be divided into personal property after marriage and joint property of husband and wife after marriage.

1) What are the personal assets after marriage.

According to the provisions of the Marriage Law and its judicial interpretations, if the following property is not agreed to be vested into, it is the personal property of one of the husband and wife after marriage:

1. Property of one party before marriage.

2. Compensation received by one party for bodily injury (medical expenses, living allowance for the disabled, etc.).

3. Property that is determined by a will or gift contract to belong to only one party.

4. Daily necessities for the exclusive use of one party and other property that shall belong to one party.

The above property belongs to the personal property of one of the husband and wife after marriage, and is not converted into joint property due to the existence of marital relationship, and is not included in the scope of division when the property is divided in divorce.

2) What is the joint property of the husband and wife after marriage.

Community property refers to the property owned jointly by both husband and wife, and the property divided at the time of divorce property division. According to the provisions of the Marriage Act, the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:

1. Income from production and operation.

2. Salary and bonus.

3. The income obtained by one party from the investment of personal property.

4. Income from intellectual property rights.

5. Property obtained by inheritance or gift, except for property that is determined in the will or gift contract to belong only to one of the husband or wife.

6. Other jointly owned property.

7. Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women.

8. The pension insurance money and bankruptcy settlement compensation actually obtained or should be obtained by both men and women.

9. The income generated by the personal property of one of the husband and wife after marriage, in addition to the fruits and natural increases, shall be recognized as the joint property of the husband and wife.

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 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 item 3 of Article 163 of this Law;

5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.

Article 1063: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.

First, a decision is made through consultation. The husband and wife shall negotiate and determine the division plan, decide on the ownership of property according to the personal wishes and mutual coordination of the parties, and respect the parties' right to dispose of property;

Second, file a divorce lawsuit. If the parties cannot reach an agreement, they can file a lawsuit with the court, which will decide how to divide the property. When dividing common property, the courts will generally follow the principle of equality and divide the property equally, so that both men and women enjoy property rights equally.

In addition, on the basis of equality, the court will decide on the principle of taking care of the rights and interests of the child and the woman. In addition, the court shall protect the rights and interests enjoyed by the husband or wife in the contracting and management of family land in accordance with law.

According to the provisions of the Marriage Act:

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 a husband and wife agree in writing that the 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, and so forth, he or she has 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 In the event of a divorce, if one party is in difficulty, the other party shall provide appropriate assistance from his or her personal property such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

In principle, the joint property of the husband and wife shall be divided equally. In other words, the joint property of the husband and wife is, in principle, divided equally; According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different. Items that belong to the exclusive use of the individual are generally owned by the individual.

Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is 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 163 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 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. Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired 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 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.

Legal analysis: Generally, premarital property is personal property and is not changed by marriage, but there are exceptions, such as: the property owned by one party before marriage is jointly used, operated and managed by both parties after marriage, houses and other means of production with greater value after 8 years, and valuable hail and ear means of subsistence after 4 years, which can be regarded as joint property of husband and wife; If both parties have repaired, renovated, demolished and built the house owned by one party before the marriage within 8 years after the marriage, and the property rights have not been changed at the time of divorce, the house is still owned by the property owner, and the share of the value-added part belongs to the other party, and the owner of the house shall compensate the other party at a discount; If an extension has been carried out, the house in the expanded part shall be treated as the joint property of the husband and wife.

Legal basis: Article 1063 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:

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) 1. Special daily necessities for Yanfang;

5) The property of one of the parties to whom he is called.