The specific provisions of the latest Marriage Law on pre marital property

Since the house was purchased before the marriage, it should be your personal property. You bought a house with a mortgage, and the property right to the house is yours.

As for the repayment of the mortgage, it is a debt you incurred before marriage. The use of the joint property of the two of you is also a voluntary act of the other party. You can't get any compensation.

Housing mortgage loan is a kind of housing guarantee loan, which refers to a personal housing loan in which the buyer uses the purchased house as collateral and is guaranteed by the real estate development enterprise that purchases the house. The popular meaning of "mortgage" refers to the use of pre-purchased commercial housing as collateral for loans. It refers to the mortgagee transferring the pre-purchased property title to the mortgage beneficiary (bank) as a guarantee for repayment, and after repayment, the mortgage beneficiary transfers the property title to the mortgagor.

Specifically, a mortgage loan refers to a loan obtained from a bank by a buyer using the pre-purchased building as collateral, and the buyer pays the bank in installments according to the repayment method and term specified in the mortgage contract; Banks charge interest at a certain interest rate. If the lender defaults, the bank has the right to take possession of the house.

From here, you can see that you are borrowing money from the bank to buy a house. The property right is yours. It's just a temporary mortgage to the bank.

If there is a written agreement, the written agreement shall prevail. If there is no written agreement, it will be owned by the original owner.

According to article 19 of the Marriage Law, husband and wife may agree that property acquired during marriage and property before marriage shall be owned separately or jointly or partly separately and 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.

Prenuptial property is property acquired by one of the parties before the marriage. Pre-marital property acquired by one of the spouses shall belong to him or her and shall not be converted into joint property unless agreed in writing.

Nothing new about marriage law!

Of course, repaying the loan together after marriage belongs to the joint property of the husband and wife!

As long as your name is registered in the property registry, it is yours, this is pre-marital property.

The provisions of the current Civil Code on marriage and family on the premarital property of husband and wife include: the man and woman may agree on the ownership of premarital property; If there is no special agreement, the premarital property belongs to the personal property of the party; During the marriage, the natural appreciation and fruits of pre-marital property remain vested in the individual; However, this is not the case if the value added is the result of joint operation or joint management by the husband and wife.

[Legal basis].Civil Code of the People's Republic of China Article 1065 A man and a woman 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 and partly jointly. Implication means that it should be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between husband and wife on the property acquired during the existence of the marital relationship and the pre-marital property shall be legally binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

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 party.

For pre-marital liquid branch chain property, it does not participate in the distribution of property, which belongs to personal property. It is precisely because of this regulation that there are so many people who make trouble with grandchildren to do premarital property justice, now you understand.

1. The original Marriage Law has been abolished and is now based on the Civil Code.

2. The Civil Code stipulates the following on personal property:

Article 1063 of the Civil Code 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) One party receives compensation or compensation for personal injury;

3) Property that is determined in the will or gift contract to belong only to the party that refers to the party;

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

(5) Other property that shall belong to one party.

Premarital property is now stipulated to be one's own personal property, not the joint property of the husband and wife, so in the future when divorced, personal property is not included in the division of joint property.

According to the provisions of the Civil Code, the provisions of the Marriage Law on pre-marital property are as follows: The following property is the personal property of one of the spouses:

a party's pre-marital property;

compensation or early compensation for personal injury suffered by a party;

A will or gift contract refers to the property that belongs to only one party;

daily necessities for one party;

Other property that should belong to one party.

Legal Analysis: Pre-marital property belongs to one of the spouses. Husband and wife may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.

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 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) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except where the hail provided for in item 3 of Article 1063 of this Law has not been erected;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

The Marriage Law clearly stipulates that only property acquired during the existence of the marital relationship may be the joint property of the husband and wife, and the bride price is generally obtained before marriage.

Legal basis: Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 5: Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the fruit is destroyed in the following circumstances:

1) The parties have not gone through the marriage registration formalities;

2) The parties have gone through marriage registration formalities but do not live together;

3) Premarital payments that cause hardship to the payor.

The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

The following property is considered pre-marital property:

1. The property owned by the husband and wife before marriage, including the income from personal labor, inheritance or donation, and other legal income before marriage;

2. Property rights that one party has acquired before marriage, such as creditor's rights obtained by one party before marriage;

3. Interest on premarital property, including premarital interest on personal property;

4. One party exists in the form of money, equity and other forms before marriage, and after marriage it appears as another form of property.

[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 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 party.

What property is considered to be the joint property of the husband and wife after marriage.

1. Property acquired by inheritance or gift, except for property that is determined in the will or gift contract to belong only to the husband or wife;

2. Other jointly owned property;

3. The income obtained by one party from the investment of personal property;

4. Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

5. Pension insurance and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women;

6. The income generated by the personal property of one of the husband and wife after marriage shall be recognized as the joint property of the husband and wife.

Premarital property under the Marriage Law refers to the personal property of one of the spouses before the marriage is registered. If the property was acquired before the marriage, even if the property was actually in possession after the marriage, the property is also personal property before 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 the spouse of the 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 to belong to only one party in the will or gift contract;

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

(5) Other property that shall belong to one party.