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Premarital property mainly includes the following four categories: (1) property owned by one party personally, such as wages and bonuses, income from production and business, income from intellectual property rights, property obtained by inheritance or gift, capital gains and other legal income. (2) Property rights that one party has acquired before marriage, such as creditor's rights acquired by one party before marriage.
3) The fruits of one party's pre-marital property, including personal property, pre-marital fruits, and pre-marital personal property and post-marital fruits. (4) One party exists in the form of money, equity, etc. before marriage, but after marriage it manifests itself in another form of property. The property owned by both parties before the registration of the marriage shall be owned by one party, and the property acquired by one party alone or jointly owned by both parties after the registration of the marriage shall be regarded as the joint property of the husband and wife after the marriage registration, unless otherwise provided by law or specially agreed by the parties.
For example, the sales contract and related purchase procedure series of vouchers obtained by the sale, the inheritance agreement obtained by inheritance, the inheritance notarization, the judicial judgment document or mediation document, etc., and the written gift contract agreement obtained by gift. (2) A prenuptial property agreement signed by both parties. (3) A notarial certificate of one party's premarital property, a lawyer's witness certificate of premarital property, and other documents proving marital property.
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Legal analysis: There are the following ways for the personal mountain clan property certificate to rise before marriage:
1.Perform pre-marital notarization of property.
2.Retain relevant evidence.
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) A tease with the premarital property of the offending 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.
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Legal analysis: 1. Sign a prenuptial property agreement between husband and wife; 2. Go to the notary office to notarize the premarital property of the husband and wife; 3. Keep the necessary evidence. Pre-marital property refers to property acquired by one of the spouses before the marriage.
It includes property obtained from personal labor before marriage, inherited or donated property, and other legal property. Pre-marital property is generally the personal property of one of the spouses.
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 premarital property of one party; (2) compensation or compensation received by one party for personal injury; (3) Quarrels between property families that are determined in a will or gift contract to belong to only one party; 4) Daily necessities for the exclusive use of one side; (5) The omen touches the property of one of the parties that should belong to him.
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Proof of pre-marital money is the way of pre-marital property:
1. It should be noted that the time node is before marriage, and strictly grasp it before marriage registration; To prove this point in time, of course, there must be a marriage certificate or marriage registration file;
2. Deposit, that is, the depositor temporarily stores the currency in a bank or other financial institution and obtains a certificate of creditor's rights; To prove the existence of a deposit, you need to have a passbook or bank transaction records;
3. If the date of the deposit bank transaction is later than the date of marriage registration (if the money is deposited after the marriage registration), the evidence can be fixed through notarization and other means on the premise that there is other evidence to prove that the depositor has cash before marriage;
4. The husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and if the husband or wife is aware of the debts owed to the outside world by the husband or wife, the personal property of the husband or wife shall be repaid.
Legal basisArticle 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 1064.
The number of debts borne by the husband and wife in the joint signature of the husband and wife or the subsequent recognition of the common intention of one of the husband and wife, as well as the debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.
Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business operations, or based on the joint intention of the husband and wife.
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The general way to prove pre-marital property is as follows:
1. Sign a prenuptial property agreement with the husband and wife. Where there is an agreement between husband and wife on premarital property, a written agreement may be made, and the written agreement may be proved as evidence; The entry into force of the agreement is premised on the registration of the marriage of the man and woman who signed the agreement. If after the agreement is signed, the parties break up without going through the marriage registration formalities for any reason, the agreement will automatically become invalid because the conditions for its entry into force are not met;
2. Go to the notary office to notarize the premarital property of the husband and wife; Premarital property notarization is a way to prove the validity of personal property before marriage. It is recommended to notarize large amounts of property such as houses, vehicles, deposits, insurance, bonds, etc. before marriage;
3. Keep the necessary evidence. Even if there is no prenuptial property agreement between the husband and wife, it is not necessary to notarize the prenuptial property at a notary office, but it is still possible to retain evidence that the property was acquired before the marriage and belongs to the individual. It is recommended to pay attention to keeping the written proof of personal pre-marital deposits, insurance, **, bonds; Invoices for the purchase of major items, written gift contracts for the receipt of donated property, etc.
Legal basisArticle 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.
Pre-marital property refers to property acquired by one of the spouses before the marriage. The pre-marital property of one party shall not be divided in the event of divorce. >>>More
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