The issue of pre marital property and community property 5

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III).

Article 10 Where one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property 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.

In the case of a mortgage, the mortgage must be repaid together after marriage, and the money from the mortgage belongs to the joint property of the husband and wife. The money you both earn after marriage is part of the marital property, and in either case, you have a part of the house, regardless of whether your name is on the house or not.

There is little difference between the two cases, as the income after the marriage is generally joint property, unless there is a special agreement. Both cases, like you said, are for household expenses, and in the absence of a written agreement, there is not much difference.

In either case, your name will not be on the title deed, unless it may be added after the mortgage has been paid off.

Before adding the name, the house is pre-marital property, and the court will consider the part of the mortgage that you repay jointly after the marriage, and award the other party cash compensation, but the house belongs to the other party.

Hello! If the house was purchased before marriage, the property belongs to the other party, and the mortgage paid after the marriage, whether paid by the other party or by you, belongs to your joint property, and the mortgage money and the appreciation part belong to the joint property of the husband and wife. Repeatedly!

If the mortgage before the marriage is generally personal property. The contract for the sale and purchase of a house can be signed in the names of both parties.

1. Whoever buys a house before marriage is registered in whose name it is whose property.

2. If you buy a house before marriage and repay the loan after marriage, the loan repaid belongs to the joint property, and the joint property can be divided in the event of divorce.

You can just apply for the names of the two of you.

Legal Analysis: Pre-marital property is not considered joint property of husband and wife, but personal property. In any of the following circumstances, it is the property of one of the husband and wife:

One party's pre-marital property is not hail; Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury; Property that is determined in a will or gift contract to belong to only one of the husband or 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 their 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. The wife of the husband has equal rights to dispose of the joint property.

Premarital property of husband and wife is generally not joint property, because the personal property of one of the spouses before marriage is not converted into joint property of husband and wife due to the continuation of the marital relationship. Unless the husband and wife have a property agreement, it is the joint property of the husband and wife if it is agreed that the deposit will be jointly owned before the marriage and after the marriage.

[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 pre-marital property of one of the parties;

2. Compensation or compensation received by one party for suffering damage caused by human starvation;

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 31 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part (1).

Article 1063 of the Civil Code stipulates that the personal property of one of the husband and wife shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties.

Pre-marital property is not considered joint property of the husband and wife, but is personal property.

Legal basis] Article 18 of the Marriage Law of the People's Republic of China: In any of the following circumstances, it shall be 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; The feast is rotten and sleepy.

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; Thinking about the wilderness.

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Property before marriage is personal property, and even after marriage, it is still personal property, and is not the joint property of the husband and wife.

Legal analysis: Premarital property mainly includes the legal income, income, donated property and other property obtained by one of the spouses before the marriage registration. The joint property of husband and wife refers to the wages, bonuses, remuneration for labor services, income from intellectual property rights, and other property that the parties have agreed to belong to jointly during the existence of the marital relationship.

Property refers to the possession of material wealth such as money, materials, houses, land, etc.: state property, private property, and rights with monetary value and protected by law. Broadly speaking, there are three types of property, namely movable property, immovable property, and intellectual property (i.e., intellectual property).

1) The owner of the property has the right to possess, use, benefit from and dispose of his property in accordance with the law, 2) No one may use the property without the permission of the owner of the property, otherwise it is an illegal infringement of rights, 3) The owner of the property may be a natural person, belonging to the family by default, and the nature of the property is at the family level, or it can be a legal person such as a company.

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 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 side.

Article 1062:The following property acquired by husband and wife during the existence of their 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.

Premarital property is not joint property. The pre-marital property of one party belongs to the personal property of one party, and the property owned by one of the spouses is not converted into the joint property of the husband and wife due to the continuation of the marital relationship, so it does not belong to the joint property of the husband and wife. Unless otherwise agreed by the parties.

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 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 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 shall, on the basis of the specific circumstances of the property, make a judgment in accordance with the principle of respecting and caring for the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by the husband or wife in the operation of the family's land contract shall be protected in accordance with law.

Premarital property is not joint property. The pre-marital property of one party belongs to the personal property of one party, and the property owned by one of the spouses is not converted into the joint property of the husband and wife due to the continuation of the marital relationship, so it does not belong to the joint property of the husband and wife. Unless otherwise agreed by the parties.

1. The property can be divided after a few years of marriage.

If it is a pre-marital personal property of one party, it is owned by the individual, and it cannot be divided no matter how long the marriage is, unless there is an agreement between the parties.

The law stipulates that the personal property of one of the spouses shall not be converted into the joint property of the husband and wife as a result of the continuation of the marital relationship, unless otherwise agreed by the parties. The parties may agree that the pre-marital property shall be separately or jointly owned, or partly separately or partly jointly. If pre-marital property is agreed to be joint property, it can be divided according to joint property in the event of divorce.

Second, buying a house before marriage is counted from signing the contract or the house capital.

The house is immovable property, and the pre-marital property is subject to the real estate certificate. Attention should be paid to the following aspects when determining pre-marital property:

1. The key to judging whether it is premarital property is that the time of acquisition of property rights is before marriage. If the right to property was acquired before the marriage, but the property was actually taken after the marriage, it is in the nature of pre-marital personal property. For example, if one of the spouses accepts the inheritance before the marriage, and the estate is divided after the marriage, although the inheritance is actually obtained after the marriage, its ownership has been acquired before the marriage, so it should be recognized as the property of one party before the marriage.

2. The pre-marital property of one of the husband and wife shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties.

3. How to divide the personal savings assigned to the divorce before marriage.

The personal property of husband and wife refers to the property owned by the husband and wife within a certain range after marriage, which is retained by the husband and wife after marriage in accordance with the law or according to the agreement of the parties. Generally, it includes statutory personal property and contractual personal property, specifically, including pre-marital property and post-marital property. Personal savings before marriage belong to pre-marital property and are not converted into joint property of the husband and wife due to the continuation of the marital relationship, and the premarital property will not participate in the division of property in the event of divorce, unless otherwise agreed by the husband and wife.

According to the laws of our country, the property owned by one of the husband and wife shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship, unless otherwise agreed by the parties.

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 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 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 shall 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 party who is not at fault.

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