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Anonymous users2024-02-071. Before marriage, the time of the marriage certificate shall prevail. Divorce is subject to the date of the divorce certificate or the date of the effective divorce decree.
2. The legal provisions on the personal property of one of the spouses and the joint property of the husband and wife:
Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the 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 shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 19: Husband and wife 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 or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage 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 third party, the debts shall be paid off with the property owned by the husband or the wife.
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Anonymous users2024-02-06After the divorce, the ownership of the pre-marital property shall be determined on a case-by-case basis. If there is no special agreement between the man and the woman, the real estate before marriage shall belong to the personal property of one party, and after divorce, it shall be directly owned by the individual; Where a man and a woman agree in writing that the premarital real estate is jointly owned, the premarital real estate shall be recognized as the joint property of the husband and wife, and the parties must dispose of the real estate at the time of divorce, and if the man and woman can reach an agreement on the division of the real estate, the two parties may divide it by agreement and directly dispose of the real estate in accordance with the common wishes of both parties; If an agreement cannot be reached, the people's court shall make a judgment, and the parties shall go to the people's court to file a civil lawsuit, and after the people's court files the case, it will make a corresponding judgment on the property according to 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.
Legal basis] Civil Code of the People's Republic of China
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 side.
Article 1087: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.
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Anonymous users2024-02-05Whether the property purchased before the marriage can be divided as joint property in the event of divorce needs to be discussed on a case-by-case basis
If, before the marriage is registered, the property is registered in the name of one person and the purchase price has been paid in full, then the property is personal property and is not divided as joint property in the event of divorce.
If the property purchased before the marriage is registered in the name of one person, but the loan is repaid after the marriage with the joint property of the husband and wife, the court may rule that the property belongs to the individual owner of the property rights registerer, but the part repaid with the joint property, as well as the corresponding increase in value, shall be divided as joint property at the time of divorce.
If the property purchased before the marriage is registered in the names of both spouses, then the house is part of the joint property of the husband and wife and is divided as joint property in the event of divorce, usually divided equally between the two persons.
Article 18 of the Marriage Law.
In any of the following circumstances, it is the property of one of the husband and wife: (1) the premarital property of one party; 2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury; 3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.
Article 10 of the Supreme People's Court's Interpretation (3) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China.
If one of the husband and wife signs a contract for the sale and purchase of real estate before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who paid the down payment, the real estate shall be disposed of by agreement between the two parties at the time of divorce.
If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.
Article 39: Divorce disposition of joint property of husband and wife.
In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by the husband or wife in the contracting and operation of family land shall be protected in accordance with law.
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Anonymous users2024-02-04Absolutely. The pre-marital property is called personal property, and it is naturally not necessary to divide it when you divorce, but if you only paid a down payment for the house before marriage, and your husband and wife repay the loan together, then you need to compensate the other party half of the total repayment amount during the existence of the husband and wife when you divorce.
In fact, there is a big difference between marriage and marriage, women can basically feel it, this is very normal, love and marriage are different lifestyles, marriage is a new starting point in life, you can no longer take the experience of love to judge whether a man loves or not, but to have a set of rules in marriage. Of course, it is not right for a man to pay too much attention to his career and ignore emotional management, at least he must be able to do something that a woman can accept, so this issue should be discussed before marriage, so as to avoid a bad relationship due to emotional problems after marriage.
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