My parents gave me the house before I got married, if I get divorced after the marriage, will the wo

Updated on society 2024-05-14
9 answers
  1. Anonymous users2024-02-10

    shall be the property of one of the parties.

    According to the Marriage Law of the People's Republic of China:

    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.

    Therefore, if the husband and wife have not agreed on the property acquired during the marriage and the property before the marriage, the property given before the marriage is the property of one of the parties.

  2. Anonymous users2024-02-09

    It will not be a pre-marital property.

  3. Anonymous users2024-02-08

    It depends on how many years you have lived, generally speaking, you can't get it if you don't have a few years, you can consult a lawyer.

  4. Anonymous users2024-02-07

    It's okay if it's in your parents' names on the title deed.

  5. Anonymous users2024-02-06

    Why do you think about what will happen after marriage before you get married? Since we're together, let's live a good life.

  6. Anonymous users2024-02-05

    No, because it's your own property.

  7. Anonymous users2024-02-04

    Legal Analysis: The property donated by the divorced parents depends on whether it is clear to whom it is given. If there is no clear rule, then it should be divided equally; The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person.

    If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court.

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

    Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

    The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

    Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

    People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

    In any of the following circumstances, if mediation fails, a divorce shall be granted:

    1) bigamy or cohabitation with another person;

    2) Committing domestic violence or abusing or abandoning family members;

    3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

    4) Separated for two years due to emotional discord;

    5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

    Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

    Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

  8. Anonymous users2024-02-03

    If there is a divorce agreement on the house donated by the parents after marriage, it shall be divided according to the agreement.

    Where there is no divorce agreement, it is generally counted as joint property, and 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. However, if the house is clearly donated to one of the husband and wife, it shall be counted as the personal property of one of the parties and shall not be divided.

    Legal basis] Article 1087 of the Civil Code, in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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.

  9. Anonymous users2024-02-02

    The real estate donated by the parents after marriage shall belong to the joint property of the husband and wife and shall be divided in the event of divorce. However, if the parents expressly express that the gift is given to one party, the other party has no right to divide. If one of the parents sponsors the child to buy a house after marriage, and the property right is registered in the name of the investor's child, it is regarded as a gift only to his own child, and the real estate is recognized as the personal property of the investor's child, and the other party has no right to request the division of the property.

    If one of the parents contributes to the purchase of a house for their children after marriage, and the property right is registered in the names of both husband and wife, the property belongs to the joint property of the husband and wife, and is a gift to the husband and wife, so the property is divided as the joint property of the husband and wife at the time of divorce.

    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 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.

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