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Whether the wedding bride price is the joint property of the husband and wife is divided into the following two situations:1. If the bride price is received after the marriage has been registered and there is no special agreement, it shall be the joint property of the husband and wife.
If it is owned by one party, it is the personal property of one party. 2. If the bride price is collected before the marriage is registered, it shall be the personal property of one party. If it is agreed that the bride price before marriage shall be jointly owned by the husband and wife after marriage, it shall be the joint property of the husband and wife.
Articles 1062, 1063 and 1065 of the Civil Code of the People's Republic of China.
Article 5 of the Specific Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts.
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In many areas, when getting married, the woman's family generally asks for a bride price, and this bride price is a custom, so is the bride price money considered as the joint property of the husband and wife?
The money for the wedding bride price is not the joint property of the husband and wife, but should be the personal property of one of the parties. There are the following reasons:
1. The wedding bride price is a conditional gift, and the acceptance of the bride price is conditional on the conclusion of a marriage relationship in the future.
2. The payment of the wedding bride price occurs before the marriage, and the Marriage Law stipulates that the premarital property belongs to the personal property of one of the husband and wife, unless the husband and wife have a special agreement on the premarital property.
The above content is related, generally speaking, the bride price money does not belong to the joint property of the husband and wife, it should be the personal property of one party, the bride price money is generally the act of receiving gifts, if the final marriage is not concluded, the bride price money should be returned in full, because the bride price money actually has a condition, and when the dispute arises because of such a situation, you can file a lawsuit in the court.
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Legal analysis: if the bride price is given to the woman, it is the woman's personal property; Otherwise, it is the joint property of the husband and wife.
Legal basis: 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 the marital relationship is 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.
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No, the joint property of the husband and wife specifically refers to the accumulation of income after marriage, if the woman's family gives the bride price money as a dowry to the young couple, then the bride price money is given to the husband and wife is the joint property of the husband and wife, if it is given to the daughter, it is the woman's premarital property, if the bride price money is left by the woman's family, naturally there is no question of whether the bride price money belongs to the joint property of the husband and wife.
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It belongs to the man before it is given, it belongs to the woman after it is given, it must be returned to the man after it is dispersed, and it belongs to both men and women after marriage, if the woman is reasonable. I think, to put it bluntly, the bride price money is mainly for the woman's parents, is a kind of return for their nurturing grace, after marriage, the woman's parents generally give the bride price money to their daughter, is reserved for the younger couple.
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The money is not part of the joint property of the husband and wife, because the bride price is only a form for the woman. At this time, it has nothing to do with the man, and the money does not belong to the joint property of the husband and wife, because the bride price is only a form for the woman, and at this time it has nothing to do with the man, and the bride price does not belong to the joint property of the husband and wife.
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The bride price required for marriage is not considered the joint property of the husband and wife. 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:
wages, bonuses, and remuneration for labor services;
income from production, operation and investment;
Proceeds from intellectual property.
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This does not belong, the bride price is a gift to the woman, it belongs to the woman personally, and does not belong to the joint property of the husband and wife.
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I don't think the bride price is the joint property of the husband and wife, because the bride price money is paid by the man, so it does not belong to the joint property between your husband and wife, but to the man's side.
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In my opinion, the bride price money belongs to the man's family to the woman's family, and most of the woman's family returns the bride price money to their daughters. But it should still belong to the husband and wife.
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The bride price is not part of the joint property of the husband and wife. Because the bride price is given to the woman's family, it cannot be counted in the joint property of the husband and wife.
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The bride price money does belong to the marital property of the husband and wife, after all, the marriage is to require the man to take out the bride price to get married, so that the money must be used by the two people after marriage, and it belongs to the joint property of the two people.
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In fact, normally speaking, this should belong to the joint property of the husband and wife, but if it is a gift, then it belongs to one of the parties.
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If the bride price is given to the woman, it is the woman's personal property; Otherwise, it shall be the joint property of the husband and wife.
In addition, if the bride price received by one party is personally received or purchased by one party, according to the provisions of the Civil Code of China, the property donated by one party during the existence of the husband and wife relationship shall be the joint property of the husband and wife unless there is a special agreement.
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According to the traditional Chinese bride price, it is money given by the man to the woman's parents, and if the parents no longer give it to the woman, it is not the joint property of the husband and wife.
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The bride price money belongs to the woman's parents, and if the woman's parents give it to the woman, then the bride price belongs to the joint property of the husband and wife.
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Hello. The joint property of the husband and wife refers to the property acquired by the parties after marriage, and the bride price money does not belong to the joint property of the husband and wife.
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Is the bride price part of the marital property? In the past, the bride price money was for the mother-in-law, not for the husband and wife, but now the living conditions in this society are better, and the mother-in-law did not ask for the bride price, so she brought it back to her mother-in-law's house.
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Is the bride price part of the couple's joint property? I think that if it is a bride price, it should be an act of gifting, not a kind of marital property, which is premarital property.
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The property before the marriage should belong to the woman, because the bride price is not married, and it belongs to the woman.
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The bride price is a dowry paid by the man to the woman's parents, and if the woman's parents return all of it to the daughter, it is theoretically the wife's private wealth.
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Was it previously part of the joint property of the husband and wife? In the case of bride price, under normal circumstances, it is the property that belongs to the woman who serves the woman
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The bride price is generally given to the woman's parents, which cannot be counted as the joint property of the husband and wife.
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If the bride price is paid before receiving the marriage certificate, it is not the joint property of the husband and wife, and if the bride price is paid after the marriage certificate is received, if there is no clear agreement, it is deemed to be the joint property of the husband and wife.
[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;
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.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Whether the wedding bride price is the joint property of the husband and wife is divided into the following two situations: 1. If the bride price is received or purchased by one party personally, it shall be the joint property of the husband and wife in accordance with the provisions of the Civil Code of China, and the property donated by one party during the existence of the husband and wife relationship shall be the joint property of the husband and wife. If the man and woman do not live together, the property may be reasonably divided according to the consideration of the property.
If the marriage between the parties lasts for a short period of time and the party giving the bride price causes hardship as a result, it may be dealt with in accordance with the spirit of Article 8 of the above provisions, and the party who has difficulties in living shall be given appropriate preference when dividing the joint property.
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Summary. Legal basis: Article 1062 of the Civil Code of the People's Republic of China [Joint Property of Husband and Wife] The following property acquired by husband and wife during the existence of the 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 1063 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.
Hello, it's a pleasure to answer for you; Caibi Duan nuisance money is not necessarily considered the joint property of the husband and wife, it depends on the time given. If the bride price is a dowry given to the woman by the man before marriage, and it is given to the other party for the purpose of marriage, the act of repentance after the marriage between the parties is valid, and the bride price belongs to the donee and is not the joint property of the parties.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China [Joint Property of Husband and Wife] The property acquired by the husband and wife during the existence of the 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 1063 of this Law; 5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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It doesn't belong. The bride price is the woman's pre-marital personal property or the property of the woman's parents.
The Civil Code clearly stipulates that only property acquired during the marriage relationship may be the joint property of the husband and wife, and the bride price is generally obtained before marriage.
1. Is the woman's dowry considered the joint property of the husband and wife?
1. We all know that the dowry is given to the woman by the woman's parents, and belongs to the woman's personal property, not the joint property of the husband and wife. Moreover, according to the traditional folk customs and habits of our country, when getting married, the parents give the dowry money to the woman alone, rather than to the husband and wife, so from this point of view, the dowry belongs to the woman's personal property.
2. Is the dowry the joint property of the husband and wife? If we look at marriage and family according to the Civil Code, the property acquired by the husband and wife after marriage generally belongs to the husband and wife jointly. However, in many folk areas, traditional customs are still retained, and the dowry given by the woman's maiden family should be the woman's premarital property or the woman's personal property.
3. The dowry that accompanies the marriage registration shall generally be recognized as the joint property of the husband and wife. According to the provisions of the law, the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:
1) Salary and bonus;
2) 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 should be jointly owned. Therefore, during the existence of the marital relationship, the dowry given by the parents is a gift from the parents to both parties. Unless the parents expressly indicate that the dowry is given to the daughter, the dowry is the joint property of the husband and wife and is divided jointly in the event of divorce.
2. Does a pre-marital loan to buy a house belong to the joint property of the husband and wife after marriage?
After marriage, the husband and wife contribute capital (including loans) to obtain the property rights of the house, and the division of the house after the divorce, first of all, clarify the property rights, whether the name of one party or both parties on the real estate certificate, is joint property. Secondly, it is clear that the output value, that is, the value of the house, is calculated according to the market price, not the amount of the original purchase contract. Again, distinguish between the equity part and the debt part.
If a loan is involved, the loan part must be removed first. In other words, the party that acquires the house pays half of the value of the house to the party who does not get the house, and the owner of the house pays the remaining principal and interest alone.
If one of the husband and wife purchases a house through a mortgage loan before marriage and obtains a real estate certificate, and the house where the husband and wife jointly repay the loan after marriage, and the division of the house after divorce, although the house is purchased by one party before marriage, the part of the house that increases in value after marriage and the part that jointly repays the loan shall be regarded as joint property unless otherwise agreed by the husband and wife. It should be noted that the joint repayment of the loan, whether it is repaid by one party with his or her own salary or by both parties, shall be recognized as the joint property of the husband and wife. Of course, if one party can indeed prove that the loan repayment funds are from the individual's pre-marital property, then this part should not be recognized as the joint property of the husband and wife.
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