About pre marital property and joint property, pre marital property is joint property

1. Under normal circumstances, for the newly purchased house, it will be recognized as joint property. Because of the funds for the new house**, it is difficult to prove that it was not purchased with joint property after the marriage.

2. If there is definite evidence to prove that the house was purchased with funds from the sale of the house before marriage, it shall be recognized as personal property.

Because, according to article 18 of the Marriage Law, individual property does not become joint property because of a change in form. For example, if the inheritance or gift provided for in Article 17 is determined to belong to one party, in the case of a house that is donated but the house needs to be divided, the final acquisition is the funds, which should belong to the individual.

Unless otherwise agreed, this is joint property.

Reference: Marriage Act

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.

The so-called "other agreement" refers to a written agreement between the parties to the marriage, that is, the two parties to the marriage, which specifies the ownership of property, for example, the husband and wife agree that after the marriage, the husband's salary will be owned by the wife, then, in the future divorce, the husband's salary cannot be regarded as jointly owned property, of course, it is rare for such an agreement to occur.

If you sell the house after the marriage and buy the house with the proceeds from the sale (property acquired during the existence), it should be jointly owned.

Paragraph 3 of Article 18 of this Law":

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.

Legal Analysis: Not Included.

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

Article 1062 The following property acquired by husband and wife during the existence of their 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 as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

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.

Premarital property is not joint property, unless otherwise agreed, and is personal property. The criteria for determining the joint property of husband and wife in the Civil Code are: wages, bonuses, and remuneration for labor services received by the husband and wife during the existence of the marriage relationship; income from production, operation and investment; proceeds from intellectual property rights; Inherited or donated property, except as provided for in Item 3 of Article 1063 of the Civil Code; Other property that should be jointly owned.

Article 1062 of the Civil Code.

The following 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 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 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.

Legal analysis: The following properties before marriage are joint property: 1. The husband and wife agree that the property before the marriage is jointly owned is joint property.

2. If a house is rented by one party before marriage and purchased with joint property after marriage, and the house ownership certificate is registered in the name of one party, it shall be recognized as the joint property of the husband and wife. 3. Before the parties get married, if the parents contribute to the purchase of a house for both parties and clearly express that they will donate it to both parties, it shall be recognized as the joint property of the husband and wife. 4. The property owned by one party before marriage and jointly used, operated and managed by both parties after marriage, the house and other means of production of greater value after 8 years, and the valuable means of living of Pi Mengyou after 4 years, can be regarded as the joint property of the husband and wife.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China A man and a woman may agree that property acquired during the marriage 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 not clear, the provisions of Article 1062 and Article 1063 of this Law shall apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is 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.