Distribution of premarital property 20, distribution of premarital property

1. "Distribution of premarital property": As long as there is evidence to prove that it is indeed premarital property, it shall not be "distributed" at the time of divorce, and only will be returned to the original owner.

2. "The woman's pre-marital property is divorced after 16 years of the second marriage. In the absence of any agreement at the time of the marriage, this is not the joint property of the husband and wife".

1) If [there is evidence to prove] that this is the woman's pre-marital personal property: regardless of whether there was an agreement at the time of remarriage, it is still the woman's pre-marital personal property, not the joint property of the husband and wife, and if the divorce the man's husband claims to be divided. It's just:

After 16 years, evidence that this proved to have been obtained before marriage is no longer easy to find.

2) If there is no evidence to prove that it is the woman's pre-marital property: it can only be regarded as the joint property of the husband and wife after marriage, and half of it is one person at the time of divorce.

It doesn't belong. 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.

As long as there is evidence that it is pre-marital property, it is not the joint property of the husband and wife.

In my opinion, since it is pre-marital property, it is still pre-marital property, no matter how long it is, and it does not change according to the duration of the marriage.

1. The pre-marital property belongs to the individual;

2. There is no limit on the number of years of living together;

3. There are no provisions for property conversion.

Legal analysis: distribution of premarital property: 1. If the parties divorce by agreement, both parties voluntarily negotiate the distribution.

2. If both parties file for divorce, the personal premarital property shall not participate in the division of joint property at the time of divorce. The property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife, and the principle of disposing of joint property shall be followed when dividing it.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by a husband and wife during the existence of the 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) the 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.

Article 1063 The following property shall be 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.

Pre-marital property is generally not distributed in the event of divorce. Because of the nature of pre-marital property, the personal property of the husband and wife is not divided according to law at the time of divorce, and the spouse has no right to demand the division of the personal property of one of the spouses; However, if the man and woman agree that the pre-marital property will be jointly owned after the marriage, then the two parties can divide the pre-marital property through the Xiesui state agreement at the time of divorce, and if the agreement is not reached, the court will make a judgment.

Legal basis] Article 1063 of the Civil Code.

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.

Premarital property refers to property acquired by an individual before a man and a woman register their marriage, and premarital property belongs to the individual. Pre-marital personal property does not change its nature by the existence of the marital relationship. In the case of a divorce marriage, the other party is not entitled to demand the division of the other party's pre-marital personal property.

[Legal basis].According to Article 1063 of the Civil Code, which came into force on January 1, 2021.

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 the will or gift contract to belong only to one party;

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

5) Other property that shall belong to one party.

Legal Analysis: Pre-marital property cannot be divided. The property divided by the husband and wife at the time of divorce is the joint property of the husband and wife, while the pre-marital property of one of the spouses cannot be divided in principle.

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 premarital property of the husband and wife is generally recognized as the personal property of one of the spouses, and when the husband and wife divorce, the premarital property will not be divided.

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 pre-marital 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.

If the house existed before the marriage, then it is pre-marital property.

Premarital property is distributed and inherited in accordance with premarital personal property.

What yours is: Your father's personal property, if there is no will, should be divided equally between you, the reborn one, and your aunt. The boy of the aunt's family, if he has a stepfather and stepchild relationship with your father, should also participate in the distribution category.

Hello, the aunt you are talking about should be your stepmother. According to the relevant provisions of the Marriage Act and the Inheritance Act, the children born to your stepmother, as well as your aunt and you, have the right to inherit your father's estate without a will or bequest. If your stepmother brings a child who has a relationship with your father, he is also entitled to inherit it.

Lawyer Lai Guangjun.

1. If so, then your aunt and her children and all three of you have the right to inherit. If your father married your aunt when her child's child was still a minor and lived with your father, then the boy and your father formed a relationship of custody and the boy also had the right to inherit.

2. You should be talking about custody, if the boy's custody is with his biological father, there is no right to inherit your father's property.

Pre-marital property is personal property. After the death of the owner, it shall be inherited by the heirs in accordance with the law.

Lawyer Tang Kang.

Although it is premarital property, but there is no requirement for premarital property justice when you get married, then it will belong to the joint property of the husband and wife after marriage Since it is joint property, you will know how to distribute it.

Judicial Interpretation 3 of the Marriage Law of the Supreme People's Court: 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 bank loan, 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 paying 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 of the Marriage Law: In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement of both parties; 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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.