Property rights under the new Marriage Act 20

1 The property owned by one of the spouses shall not be converted into joint property by virtue of the continuation of the marital relationship. Unless otherwise agreed by the parties.

2. If a house is rented by one party before marriage and purchased with joint property after marriage, and the house ownership certificate is registered in the name of one party, it shall be recognized as the joint property of the husband and wife. If the parties cannot reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it separately according to the following circumstances:

1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted.

2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation.

3) If neither party claims the ownership of the house, the house shall be auctioned according to the application of the parties, and the proceeds shall be divided.

3. If there is a dispute between the parties at the time of divorce over a house that has not yet been acquired or has not yet obtained full ownership and the negotiation fails, the people's court should not make a judgment on the ownership of the house, and shall make a judgment to be used by the parties according to the actual situation.

Where there is a dispute between the parties after they have obtained full ownership of the houses provided for in the preceding paragraph, they may separately file a lawsuit with the people's court.

4. Where the parents contribute to the purchase of a house for both parties before they get married, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express the gift to both parties.

After the parties get married, where the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express that the gift is made to one of the parties.

5. Where before marriage or during the existence of the marital relationship, the parties agree to donate the real estate owned by one party to the other party, and the donor party revokes the gift before the registration of the change of the donated real estate, and the other party requests an order to continue performance, the people's court may handle it in accordance with the provisions of Article 186 of the Contract Law. (Contract Law of the People's Republic of China.)

6. If the immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of the children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the spouses.

Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties.

If there is a dispute in marriage, unless the owner of the property voluntarily gives the house to the other party, the ownership remains unchanged, but the other party can get the corresponding economic compensation according to objective factors such as repayment, and can also obtain the value-added part of the property.

Tell you in layman's terms.

If there is a dispute in the marriage, unless the owner of the property voluntarily gives the house to the other party, the ownership remains unchanged, but the other party can propose to get the corresponding economic compensation according to objective factors such as repayment, and the court will agree.

diyi.

1. Whether it is premarital property.

Clause. Second, whether both parties contribute to the purchase, half of the property after the divorce, it is recommended to see the latest marriage law.

The Marriage Law of the People's Republic of China was repealed on January 1, 2021 and is no longer in use; The Marriage Law is succeeded by the Civil Code of the People's Republic of China. According to the relevant regulations of the Civil Code of the People's Republic of China, if the house is pre-marital property, it belongs to the immovable property and is the holder of the missing rights; If the house is a post-marital property, it shall be settled through negotiation between the two parties, and if the negotiation fails, the civil court shall dispose of it separately according to the following circumstances: (1) if both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted; (2) If one party sells and claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall pay the other party corresponding compensation; (3) If neither party claims ownership of the house, the house shall be auctioned or sold according to the application of the parties, and the proceeds shall be divided.

Legal basis, Article 1087 of the Civil Code of the People's Republic of China [Disposal of the joint property of the husband and wife in the event of divorce] 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.

The issue of ownership of the house is dealt with as follows: the house purchased by the husband and wife jointly after marriage is the joint property of the husband and wife and is jointly owned by the husband and wife; The house that one party buys before the marriage and the house that he or she buys alone after the marriage is the personal property of one party and is owned by one of the parties.

[Legal basis].Article 1062 of the Civil Code of the People's Republic of China.

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.

Article 1063.

The following property is the personal property of one of the spouses:

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 to belong to only one party in the will or gift contract;

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

5) Other property that shall belong to one side.

If there is no special agreement before marriage, the property purchased by an individual before marriage belongs to an individual and does not participate in the division of divorce property. After marriage, one party buys a house with the joint property of the husband and wife, and the property should belong to the joint property of the husband and wife, which shall be disposed of by agreement of both parties. If one of the parents makes a down payment, the property right is registered in the name of their children, and the loan is repaid jointly by the husband and wife, the property belongs to the joint property of the husband and wife at the time of divorce, and the two parties shall deal with it by agreement.

After marriage, one of the parents sponsors the child to buy a house, and the property right is registered in the name of the investor's child, which is regarded as a gift to his child, and the property is the personal property of the investor's child, and the other party has no right to request the division of the property. After marriage, if one party buys a house with personal property and obtains the real estate certificate, it should belong to the property of the buyer, and the other party has no right to request the division of the property.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China.

In the event of a 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.

Article 1062.

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.

Article 1063.

The following property is the personal property of one of the spouses:

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.

Article 27 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

Where a house rented by one party before marriage and purchased with joint property after marriage is registered in the name of one party, it shall be found to be the joint property of the husband and wife. Article 29: Where before the parties get married, the parents contribute to the purchase of a house by both parties, the contribution shall be found to be a personal gift to their children, except where the parents expressly express that the gift is made to both parties.

After the parties get married, if the parents contribute to the purchase of a house for both parties, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the principles provided for in item 4 of paragraph 1 of article 1062 of the Civil Code.

Article 76.

If the parties cannot reach an agreement on the value and ownership of the house in the joint property of the husband and wife, the people's court shall handle it separately according to the following circumstances:

1) If both parties claim the ownership of the house and agree to obtain it through bidding, it shall be permitted.

2) If one party claims the ownership of the house, the appraisal agency shall evaluate the house according to the market, and the party that obtains the ownership of the house shall give the other party corresponding compensation.

(3) If neither party claims ownership of the house, the house shall be auctioned or sold according to the application of the parties, and the proceeds shall be divided.