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According to the new marriage law:
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 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.
The house and façade are your personal pre-marital property; It is more difficult to define the rental income during the marriage, because the other party may have also paid labor; If it is included in the income from production and operation, it is the joint property of the husband and wife, and half of it should be divided between the other party;
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3. The house and the façade house belong to your pre-marital property, but the rent after the marriage is the income generated and belongs to the joint property of the husband and wife.
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The other party has no right to divide your pre-marital property, and the rent you received during the marriage is considered joint property.
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During the marriage, the husband and wife are a family, and if you can both accept the property, none of this is a concern for you. As for the marriage, your property is in your name, and the income from the property is legally yours. If you get divorced after getting married, it depends on whether you have children, and if you don't, it can be resolved.
If so, please refer to the rules of marriage and divorce.
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Pre-marital property does not become joint property due to the existence of the marital relationship, but rent is recognized as joint property of the husband and wife.
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The new marriage law stipulates that personal property before marriage is not included in the scope of joint property of husband and wife after marriage!!
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1. The house, because it is purchased after marriage or other ownership, belongs to the joint property of the husband and wife! But it is not because it is joint property after 8 years of marriage, this must be made clear! The name on the property only needs to be corrected!
2. The transfer of property rights of jointly owned property, especially immovable property, must be agreed by both parties!
3. The house for demolition compensation is joint property, and both parties must agree to dispose of this property, and you can apply to the court for investigation at the time of divorce!
4. The house is transferred to my boyfriend's name? Because your man has no direct relationship with this house, if you want to transfer the property to your man's name, you need a gift from his parents! This action must be ...... by mutual consent
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Your key question should be whether the house can be transferred to your boyfriend's name and become your boyfriend's personal property. Whether? If yes, if the house can be transferred to your boyfriend's name, of course, it belongs to your boyfriend's personal ownership, but the house was originally the joint property of his parents (unless your boyfriend also contributed to the purchase of the house can be recognized as a joint property of three people), so if it is a joint property of the husband and wife if it is to be transferred to your boyfriend's name, of course, the signature of your parents is required, if you feel that it is not safe, under the notarization at the time of transfer, according to the above disposal, then the house can become your boyfriend's personal property, in addition (to put it mildly, If you get divorced later, I'm talking about it just in case) The house was registered in your boyfriend's name before the two of you received the marriage certificate, and it is generally considered to be his pre-marital personal property.
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The house is joint property after marriage, so it can only be transferred if both spouses approve it. If the man promises that the house belongs to the woman, it can be notarized, so that the property rights of the house belong to the woman alone, and then the transfer does not need to be interfered with by others.
References:
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Article 18 of the Marriage Law stipulates that under any of the following circumstances, it shall be 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;
For reference, according to your description, the house and high-end furniture belong to the man's pre-marital property! The car is the woman's personal property; The rest is the joint property! The money repaid after the marriage is joint property, and if the divorce occurs, both parties can apply for it back!
Hope it helps!
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Real estate, cars, etc. are all joint property, the reason is: although it was purchased before the marriage registration, because most of the funds were borrowed from the loan, and the loan was repaid jointly after the marriage. If you have to divide it so clearly, consider that man A uses his personal savings of 80,000 yuan to buy high-end furniture to decorate the newlywed house, and he can appropriately divide more.
No personal property was found in the circumstances described.
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First, if the house is simple alone, according to the provisions of the Marriage Law, personal property before marriage still belongs to individuals after marriage, and whether the house appreciates or not belongs to personal property. Because, before and after marriage, the house belongs to an individual, and it is only the rise and fall of the value of the genus, and the house itself has not changed much. Therefore, after the increase in value to 500,000 yuan after marriage, the 200,000 yuan is not joint property, but also your personal property.
If you rent out the house to collect rent, then the rent can become marital property.
Second. Is the income or appreciation of personal property before marriage after marriage as joint property? For this issue.
What tells you is that if it is the income generated, it must be joint property. As for this appreciation, it depends on whether it is the appreciation of the value itself, or whether it produces other things, such as interest, natural fruits, etc., which can be increased in value and income, and this income can be used as common property. However, the object of value is still personal property.
Third. Not all income is common either. Some of them are not personal. For example, the part of the retirement allowance of a soldier is written as a gift to you personally, such as compensation for traffic accidents, etc., which still belongs to the individual.
For some provisions of the Judicial Interpretation III of the Marriage Law (which has not yet taken effect), it is mainly in the house area. The original meaning is:
For example, if the down payment is made before the marriage and the mortgage is continued after the marriage, the part of the mortgage can be regarded as a contribution to the joint property, and the appreciation of this part should be regarded as joint property.
If the full amount has been paid before the marriage. Naturally, there is no other party that contributes to the fruits or the gains in appreciation.
So there is no such thing as community property.
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All income generated after marriage should be joint property, but some personal property is personal property, such as ......compensation for traffic accidents
The 200,000 yuan you mentioned should be a joint property ......
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The Supreme People's Court of China has issued the third judicial interpretation of the Marriage Law (draft for comments), which has not yet taken effect.
Article 6: The fruits or value-added income generated by the personal property of one of the spouses after marriage shall be recognized as the personal property of one of the parties; However, if the other party contributes to the fruits or value-added income, it may be recognized as the joint property of the husband and wife. ”
The explanation of your question is very clear, the previous judicial interpretation did not mention this issue, and you can claim personal property after this interpretation takes effect.
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The part of the post-marital appreciation is personal, but the rental income is joint property.
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It shouldn't matter, but if you don't take care of your financial relationship before marriage, it will also have an impact.
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1. The company's debts are borne by the company and have nothing to do with shareholders. 2. If it is not a personal debt, it has nothing to do with the commercial housing after the divorce.
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Was the divorce decreed by a court or agreed upon by both parties? What is the agreement between the debtor and the debtor? Please elaborate.
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Hello, pre-marital debts belong to the debts of one party and have no legal relationship with the other party.
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You can go directly to the court to sue.
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Yes, it mainly depends on the ** of your purchase price.
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It should be unrelated, and it depends on whether the property purchased after the divorce is related to the debt.
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No, of course, don't say that you are a party member when applying.