In the event of divorce, will the pre marital property be divided by the woman?

It is clearly stated that pre-marital property will certainly not be divided.

The pre-marital property is your own, not the joint property of the husband and wife, and there is no share of her.

If you don't notarize your property before you get married, it will be distributed to him.

It depends on the number of years of marriage, and more than 3 years will be divided.

Legal analysis: The woman cannot participate in the division of premarital property after the divorce. An individual's pre-marital property cannot be treated as joint property of the husband and wife and cannot be divided.

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) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (1) Article 18 of the Marriage Law stipulates that property owned by one of the husband and wife shall not be converted into joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties.

The man's premarital property may not be divided by the woman in the event of a divorce. Under normal circumstances, the woman has no right to divide the man's pre-marital property, because the pre-marital property of one party will not be converted into the joint property of the husband and wife due to the continuation of the marital relationship, so it will not be divided in accordance with the law in the event of divorce; However, if the parties agree that the pre-marital property will be jointly owned after the marriage, then the woman has the right to divide the man's pre-marital property.

1. How should the court award the prenuptial bride price?

How the court awards the prenuptial bride price:

1. The court will generally award the premarital bride price to the source party of the female mausoleum, because it belongs to the woman's personal premarital property, and it will not be converted into the joint property of the husband and wife because of the continuation of the marital relationship, so it will not be divided according to law;

2. However, if the two parties have gone through the marriage registration formalities but do not live together; Or if the man pays the bride price before marriage and makes it difficult for him to live, then the court will award the prenuptial bride price to the man.

The bride price before and after the marriage is not considered joint property.

If the bride price is given to the woman, it is personal property before marriage, and is not considered the joint property of the husband and wife. The law stipulates that the wages and bonuses of the husband and wife after marriage, the income from production and operation, and the income from intellectual property rights belong to the joint property, and the bride price is not within the scope of joint property.

2. Whether the premarital property is not notarized is also not divided.

Premarital property cannot be divided even if it is not notarized. The pre-marital property of one of the spouses is generally not divided at the time of divorce and remains with the owner of the property. Because the pre-marital property belongs to the personal property of the husband and wife, and the personal property 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 between the husband and wife, it is not divided in the event of divorce, and the spouse has no right to claim division.

3. How to award the bride price for divorce.

The bride price is usually the woman's personal property. Because it is often a gift made by the man in order to get the woman and her family to agree to the marriage, it is generally delivered to the woman before marriage, and according to the law, the premarital property of one party is personal property, and it is still personal property in the event of divorce. If the marriage is registered and handed over to the wife, and the parties have not expressly agreed on the property, it can be divided among the joint property at the time of divorce.

In addition, the bride price can be returned to the man when the circumstances prescribed by law are met.

Article 1063 of the Civil Code.

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.

1. Does the woman have a share of the premarital property after the divorce?

1. Whether the woman can divide the property after the divorce depends on the specific situation

1) If the man and the woman do not agree that the pre-marital property shall be jointly owned, then the pre-marital property shall belong to each other, and the woman shall not be able to divide it;

2) If the parties have agreed that the pre-marital property is jointly owned, the wife can divide the property.

2. 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.

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

2. What are the principles for the division of property between husband and wife in divorce?

The principles of property division between husband and wife in divorce are as follows:

1. If the agreement between the two parties fails, the principle of taking care of the rights and interests of the children and the woman shall be adopted;

2. If one party pays more for raising children, taking care of the elderly, or assisting the other party in work, he has the right to request appropriate compensation from the other party at the time of divorce;

3. The right of the innocent party to claim damages;

4. Where one party conceals, transfers, sells, or destroys the joint property of the husband and wife, or falsifies debts, it may receive a small share or no share;

5. The other party who is in difficulty in life shall give appropriate assistance.

There is no need to divide the joint property, both parties have the right to dispose of the joint property of the husband and wife, first of all, it depends on the way in which the money is used, if it is used for family life, then the other party does not have the right to ask you to return the money to him. Secondly, if the money is used for oneself, if the other party can adduce sufficient evidence to prove it, the court will consider it when dividing the property, but in this case, the other party needs to bear the burden of proof. If there is not enough evidence, it cannot be said casually.

If the pre-marital property is spent during the marriage, there are two ways to calculate it at the time of divorce: one is that the pre-marital property has been consumed during the existence of the marital relationship, and it no longer exists at the time of the divorce, and there is no way to calculate it, so the pre-marital property is no longer calculated. Second, during the existence of the marital relationship, after the original pre-marital property is used, a new form of property is formed, and the new property is still pre-marital property and is owned by one party.

1. How long is the effect of the side shirt in the case of divorce property disputes?

1. The statute of limitations for concealing, transferring, selling, or destroying the joint property of the husband and wife, or falsifying debts resulting in a request for the redivision of the joint property of the husband and wife shall be two years.

If, at the time of divorce, one party conceals, transfers, sells, or destroys the joint property of the husband and wife, or falsifies debts to encroach on the property of the other party, after the divorce, the other party discovers that the above-mentioned acts have been committed, and has the right to request that the joint property of the husband and wife be divided again.

The statute of limitations for a request for the redivision of the joint property of the husband and wife is two years from the day after the discovery of the property by the parties.

2. The statute of limitations for requesting another division of the joint property of the husband and wife is two years.

In the event of a divorce where the joint property of the husband and wife is not divided, the statute of limitations for requesting the redivision of the joint property of the husband and wife is two years, calculated from the day after the discovery or should be discovered of the missing property.

3. Where a request is made to modify or revoke the property division agreement, a lawsuit shall be filed within one year after the divorce by mutual agreement between the man and the woman.

If, after the divorce, a person requests to confirm the validity of the property division agreement or repents on the issue of property division, and requests to modify or revoke the property division agreement, a lawsuit shall be filed within one year after the divorce is agreed upon by both the man and the woman.

The division of the woman's property before marriage after divorce is determined on a case-by-case basis. The law stipulates that the pre-marital property of one of the spouses shall not be converted into jointly concealed property by virtue of the continuation of the marital relationship. Unless otherwise agreed by the parties.

The spouses may agree that the pre-marital property shall be owned separately or jointly, or partly separately and partly jointly. If the parties agreed that the prenuptial property would be jointly owned by both parties, it could be divided in the event of a divorce.

[Legal basis].

Civil Code of the People's Republic of China Article 1065 A man and a woman 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 and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1,062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage relationship and the property before the marriage is 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.