Is a marital resettlement house a specific property granted to an individual by law?

Unless otherwise agreed by the husband and wife, resettlement houses acquired during marriage are generally the joint property of the husband and wife.

Article 17 of the Marriage Law stipulates the scope of property acquired by husband and wife during the existence of the marital relationship and which shall be jointly owned by the husband and wife, that is, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses refer to the salaries, bonus incomes and various welfare policy income and subsidies of one or both parties during the existence of the husband and wife relationship;

2) Income from production and business operation refers to the income from production and business operation of one or both husband and wife during the existence of the husband and wife relationship;

3) The income of intellectual property rights refers to the income of intellectual property rights owned by one or both spouses during the existence of the marital relationship;

4) Property obtained by inheritance or gift refers to the property obtained by one or both parties as a result of inheritance and acceptance of gifts during the existence of the marital relationship. In the case of inheritance income, it refers to the acquisition of property rights, not the actual possession of property. Even if the marriage is not actually in possession before the termination of the marital relationship, as long as the inheritance occurs during the existence of the marital relationship, the inherited property is also the joint property of the husband and wife, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that should be jointly owned.

6) Housing subsidies and housing provident funds actually obtained or should be obtained by both parties.

7) The endowment insurance money and bankruptcy settlement compensation actually obtained or should be obtained by both parties.

8) The part of the marital relationship that should be shared by the husband and wife during the existence of the marital relationship, such as demobilization allowance and self-employment allowance paid to the name of the soldier.

1.Regarding the question of resettlement housing, you have to figure out 2 points: 1Premarital demolition compensation and resettlement houses are pre-marital property2Compensation and resettlement houses for marital demolition and relocation belong to the joint property of husband and wife.

2.Regarding the determination and division of marital property, I suggest you check Article 70 of the Marriage Law.

Legal Analysis: The resettlement house that is demolished and compensated when the old house is demolished after marriage is not the joint property of the husband and wifeThe resettlement house obtained due to demolition and relocation shall be regarded as personal property before the marriage, and shall be the compensation for the individual.

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

Article 1063? The following property is the personal property of one of the spouses:

1) The pre-marital property of the party that is imitated, (2) the compensation or compensation that one party receives for personal injury, (3) the property that is determined to belong to only one party in the will or gift contract, (4) the daily necessities for the exclusive use of one party, and (5) other property that should belong to one party.

The resettlement house that was demolished and compensated when the old house was demolished after the marriage is not the joint property of the husband and wifeThe resettlement house obtained due to demolition and relocation is the legal basis for personal compensation for the person before the marriage: Article 1063 of the Civil Rotten Cloth Code of the People's Republic of China?

The following property shall be disposed of as the personal property of one of the spouses: (1) the pre-marital property of one party, (2) the compensation or compensation received by one party for personal injury, (3) the property determined in the will or gift contract to belong to only one party, (4) the daily necessities for the exclusive use of one party, and (5) other property that should belong to one party.

If the resettlement house of the mother's family is obtained by the woman before marriage and only the name of the woman is written, it belongs to the woman's personal property, and does not belong to the joint property of the husband and wife after marriage. If it is inherited or donated by the woman's mother's family, and there is no special indication that it belongs to only one party, it belongs to the joint property of the husband and wife. Article 1062 of the Civil Code of the People's Republic of China provides that the following property acquired by husband and wife during the existence of their 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) the collection and benefit of intellectual property rights; (4) Property inherited or donated by a burning limb, 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 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 party.

Legal analysis: No, one party's pre-marital property and post-marital resettlement house belong to the joint property of the husband and wife. According to the practice of property right exchange in the demolition and relocation regulations, the resettlement property right obtained is compensation for the pre-marital property or an extension of the original property right by the state letter, and the resettlement house is a form of conversion of the ownership of the original demolished house.

However, at present, in the demolition of private houses, the demolition department will give compensation in the form of cash or real estate, but the property after compensation may exceed the original housing area, how to determine the excess area. If the excess is equivalent to compensation for the original house, the resettlement house is the personal property of the original owner. If the original owner, Jelly, purchases the remaining area together with the joint property of the spouses, it cannot be fully recognized as the personal property of one party.

The appreciation and appreciation of the property jointly owned by the husband and wife before the marriage shall be regarded as the joint property of the husband and wife.

Legal basis: Article 18 of the Civil Code of the People's Republic of China Article 18 The property of one of the husband and wife is the property of one of the husband and wife under the following circumstances: (1) the property of one party before marriage; (2) Medical expenses, disability allowances, etc., received by one party as a result of personal injury; (3) Property that is determined in a will or gift contract to belong only to the husband and wife; (4) household items for the sole use of one party; (5) Other property that shall belong to one party.