Is this a pre marital property? How is it pre marital property?

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.

Article 18 of the Marriage Law In any of the following circumstances, it shall be 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 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that: "The property owned by one of the husband and wife as provided for in Article 18 of the Marriage Law shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties.

A party's pre-marital property refers to property acquired by one party before marriage, including movable and immovable property. One party's pre-marital property can be divided into the following 4 categories:

1) Individual-owned property, 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 obtained by one party before marriage.

3) Interest on pre-marital property, including pre-marital interest on personal property.

4) One party exists in the form of money, equity, etc. before marriage, and after marriage it manifests itself as 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 marriage registration date 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. The purpose of this provision is to simplify property relations and facilitate the division of the joint property of the husband and wife in the event of divorce.

The contract is null and void. Moreover, the existence of part of the contract can be said to be unnecessary.

1. "Both parties voluntarily and unconditionally renounce any property in each other's name. "There's a problem with this one. Unless there is an agreement on pre-marital property, pre-marital property is always personal property.

In the event of a divorce, the other party does not have the right to divide the other party's personal property. There is no need for such a treaty!

2. "Voluntarily and unconditionally renounce the other party's inheritance rights." This one is also unnecessary! The right of inheritance between husband and wife is premised on the existence of the marital relationship. Since you are divorced, of course, you have no right to inherit the estate of your ex-husband. Why prescribe this!

3. "Voluntarily and unconditionally renounce any joint property acquired by the other party during the marriage". During the marriage, the income of one of the spouses is generally joint property, which needs to be divided in the event of divorce. Although the law does not stipulate a prior agreement on the disposition of the joint property of the husband and wife, it can be deduced from the spirit of the law and the existing provisions that your above agreement is very problematic.

First, there is likely to be a manifest unfairness. It would be unfair to require the other party to unconditionally waive the legal right to the division of common property. Once a lawsuit is filed, it will certainly not be upheld by the court.

Second, according to the third judicial interpretation of the Marriage Law, "Article 14: Where the parties reach an agreement on the division of property on the condition of registering the divorce or going to the people's court to agree on the divorce, if the divorce is not reached by mutual agreement between the two parties, and one party repents in the divorce proceedings, the people's court shall find that the property division agreement has not taken effect, and divide the joint property of the husband and wife in accordance with the law according to the actual circumstances. It can be seen that the agreement on the division of joint property before the divorce is completely repuditable.

Seek satisfaction.

A: Pre-marital property includes:

The respective property of the husband and wife before marriage includes: (1) personal labor income before marriage, (2) property inherited or donated before marriage, (3) other legal income before marriage, etc., and (4) property purchased by each of them for marriage before marriage (before obtaining a license).

1) Medical expenses and subsidies for returning to the hometown for demobilized and demobilized servicemen brought back from the army before marriage (2) Demobilization expenses and transfer expenses for servicemen who have lived together for a short time after marriage.

At the time of divorce, in addition to valuables, the husband and wife use their own clothes and daily necessities and professional items.

Marital property that is inseparable from personal status at the time of divorce, and intellectual property rights that have not been financially profitable.

Other pre-marital property agreed upon by both husband and wife.

Pre-marital property refers to property acquired by one of the spouses before the marriage. The pre-marital property of one of the spouses, whether movable or immovable, tangible or intangible, is protected by law as long as it is lawfully acquired.

Generally speaking, a prenuptial property agreement refers to an agreement made by a man and a woman not to treat all their pre-marital property as joint property. Agreements on the ownership of premarital property can be handled before and after marriage, and are not subject to restrictions on whether or not they are registered.

The notarization of the prenuptial property agreement refers to the notarization of the above-mentioned prenuptial property agreement to enhance the credibility of the agreement. In daily life, people are accustomed to refer to it as "premarital property notarization" for short.

Article 19 of China's Marriage Law stipulates that: "Husband and wife may agree that the property acquired during the marriage relationship and the 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 not clear, the provisions of articles 17 and 18 of this Law apply. ”

Article 17 stipulates: "The following property acquired by the husband and wife during the marriage shall be jointly owned by the husband and wife: (1) wages and funds; (2) Income from production and operation; (3) the proceeds of 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 stipulates: "In any of the following circumstances, it shall be the property of one of the spouses: (1) the property of one of the spouses before marriage; (2) Medical expenses, living allowances for persons with disabilities, 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.

It can be seen that China's "Marriage Law" stipulates in principle that the property of the husband and wife before marriage shall be owned by each other, but at the same time, the husband and wife are allowed to agree in writing that the personal property before marriage shall be jointly owned by the husband and wife.

Article 17 of China's Marriage Law stipulates that the following property acquired by husband and wife during the existence of marriage relationship shall be jointly owned by husband and wife:

1) Wages and bonuses;

(2) Income from production and operation;

(3) the proceeds of 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.

If the dowry was purchased before the marriage, it is pre-marital property, but if it is acquired after the marriage, i.e. during the marriage, the dowry is not pre-marital property.

Pre-marital property refers to property acquired by one of the spouses before the marriage is registered.

1. Pre-marital deposits.

Generally speaking, pre-marital deposits have bank records, and the credibility of such records is relatively strong, and the degree of acceptance by judges is high. However, many times, one party uses the pre-marital savings for marital life or the purchase of marital property, which complicates the problem: if the other party does not have any investment and does not use the joint property of the husband and wife, then I consider the purchased marital property to be personal property; However, when it is used for living together, the nature is blurred.

2. Pre-marital real estate.

In this case, if the registration of the property right has been completed before the marriage and is in your own name, then the ownership of the property is not disputed. The difficulty is that after the marriage property is mixed with the mortgage loan of the house, it is extremely troublesome to divide it, and the specific analysis is shown in the special topic.

3. Invest in post-marital earnings before marriage.

This issue is controversial in theory: if it is recognized as pre-marital property, it contradicts "acquired after marriage"; If it is characterized as post-marital property, it is unfair to be the opposite of the pre-marital investment of one party. Mr. Zhang's attitude here is:

As the joint property of the husband and wife after marriage, after all, the property obtained after the marriage and the property of the husband and wife has a place that is different from the property relationship between the general subjects.

4. Time standards for the definition of premarital property.

The issuance of a marriage certificate is the critical point in time. It is worth noting that, given that the de facto marriage doctrine existed before 1994, the cut-off point would be based on the time of the de facto marriage. Where a marriage certificate is reissued, it shall be determined on the basis of meeting the substantive requirements for marriage.

For pre-marital property, there are mainly the following points, the first is the time of acquisition, and the second is that the real estate has been registered. Whether there are other forms of agreement on the property, etc.

The house is a pre-marital property, but in the future, the other party will repay the loan with you, and you will have to give the other party some financial compensation in the event of divorce.

1.If a person is entitled to compensation and a house of 30 square meters, the actual time of acquisition is before the date indicated on your marriage certificate is personal property, even if it is obtained after the marriage with the certificate. It is also personal property;

2.If the money and house are obtained after your marriage certificate is obtained, according to the provisions of the judicial interpretation of the current Marriage Law, it is joint property;

3.If you buy a house after marriage, whether you buy it with personal property before marriage or not, it will generally be recognized as joint property; Unless otherwise agreed;

If the property in your hometown is acquired before marriage, if you pay compensation for the occupation after marriage, it is also to compensate for your pre-marital property, and it should also be pre-marital property.