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Anonymous users2024-02-07Remain in the form of savings and remain pre-marital property, unless otherwise agreed.
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. The Marriage Law stipulates that the pre-marital property of 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.
It is used for common living and converted into joint property of husband and wife.
The Marriage Law stipulates that if 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 shall not be supported.
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Anonymous users2024-02-06Legal analysis: 1. Premarital deposits, which belong to premarital personal property and are not disposed of in the event of divorce; 2. If the pre-marital deposit and the post-marital income are mixed and cannot be distinguished, they will be divided as the joint property of the husband and wife at the time of divorce.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
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 another person;
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.
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Anonymous users2024-02-05Analysis of legal files:
If there is an agreement between the two parties, it can be disposed of according to the agreement, otherwise it will be the personal property of one party.
Legal basis: Civil Code of the People's Republic of China Article 1063 The following property is the 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 party.
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Anonymous users2024-02-04According to the law, these assets are divided equally between the parties, and in the case of pre-marital property, they belong to the individual.
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Anonymous users2024-02-03All the property should be divided equally, as it is your joint property after marriage. Unless the house and car are in the man's name, then there is no need to make a distribution with the other party.
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Anonymous users2024-02-02At this time, it can be divided according to the joint property of the husband and wife, and it is also protected by law, and it can also be divided equally.
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Anonymous users2024-02-01Legal analysis: The premarital property of the husband and wife includes the income from premarital labor, inheritance or gift, and other legal income, which are all personal property and do not need to be divided equally after marriage. It also includes property purchased for the purpose of marriage before marriage.
Where the husband and wife agree on the ownership of property in written or oral form, and there is no dispute between the parties, the divorce property shall be handled in accordance with the agreement.
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 spouses: (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 party.
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Anonymous users2024-01-311. Should I take out my private savings when I get divorced?
1. Do not take out private deposits in divorce, the property owned by one of the husband and wife is not converted into the joint property of the husband and wife due to the continuation of the marital relationship, so at the time of divorce, the private deposit still belongs to personal property and does not need to be taken out for division, unless the parties have agreed.
2. Legal basis: Civil Code of the People's Republic of China
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 be attributed to the spine of one party.
2. How to prevent the other party from transferring the joint property of the husband and wife.
1. Notarization of pre-marital and post-marital property, property notarization is the determination of the ownership of property during the existence of the marital relationship between husband and wife, and it is difficult for the other party to transfer the notarized property before the divorce;
2. When the parties agree on the property, they should not only agree on the pre-marital property, but also on the property during the marriage relationship and how to divide the property at the time of divorce; At the same time, the husband and wife can also privately agree on the ownership of personal property before marriage and joint property after marriage by signing an agreement;
3. After the purchase of high-end items, we should register and make a book, copy shopping bills, etc., in life we will purchase some high-end items, and keep the materials mentioned above for high-end items;
4. Take pictures and list the family's large assets, and consciously look for witnesses. This may exacerbate the conflict, and if it needs to be done, it is better to do it secretly.
5. Pay attention to the other party's deposit certificate and the bank where the money is deposited, so as to provide the court with legal evidence. At the same time, you can also know which banks the other party has and how much the balance is from the receipts for paying water and electricity bills, mobile phone bills, etc.
6. Understand each other and pave the way for avoiding property transfer in the future.
After marriage, regardless of whose name is on the title deed, unilateral name or both names, the property is considered to be the joint property of the husband and wife. Single certificates, bank loan certificates, etc., do not exclude the date on the marriage certificate and the real estate certificate, and the proof of the date before and after the marriage. According to Article 77, Paragraph 1 of the Civil Evidence Provisions, the probative force of public documents produced by state organs and social organizations ex officio is generally greater than that of other documentary evidence. >>>More
No, the premarital property is yours, the marital is still yours, your spouse can't be divided, you don't need to go to the notarization, if you go to the notarization is also possible, but there is really no need for this, such as real estate, cars, etc. are registered, it is not easy to distinguish between some jewelry, antiques or something, these can need to be notarized, or you sign an agreement to say that a certain item is your pre-marital property. >>>More
Pre-marriage refers to the marriage registration system implemented in China's Marriage Law, and the marriage of both men and women must go through the registration procedures of the marriage registration authority prescribed by law before the marriage is protected by law. Before and after marriage, the date of registration of marriage is the date of registration recorded in the marriage certificate, and the date of registration of marriage is the date of marriage. The premarital property of one of the spouses refers to the property acquired by one of the spouses before the date of marriage registration, and the premarital property belongs to the individual, which does not become joint property due to the length of the marriage, and may not be infringed upon by the party who is not the owner. >>>More
First of all, the transfer of property in divorce is aimed at the transfer of joint property of the husband and wife. There are different ways to transfer property in divorce depending on the property >>>More
Nowadays, there are many reasons for divorce, some people remarry soon after divorce, because the original joint property of the husband and wife has been disposed of at the time of divorce, so how to calculate the joint property of the husband and wife after the remarriage of the original divorce agreement has been disposed of has caused many troubles, so many parties come to consult me about this problem, after years of experience, I personally think that whether it is a divorce by agreement or a divorce by litigation, the joint property of the husband and wife has been disposed of at the time of divorce. The ownership of the joint property of the husband and wife that has been disposed of after the divorce of the parties shall be determined in accordance with the result of the disposition. After remarriage, the property that has been disposed of at the time of the previous divorce shall belong to the pre-marital property of both parties, and whether it is owned by one party or jointly owned by both parties depends on the result of the disposition of the property at the time of the previous divorce. According to the Marriage Act: >>>More