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What is bought before marriage is not joint property, but what is bought after marriage is considered joint property.
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Hello! As long as it's legal, it's okay.
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A house that has been married for 8 years does not necessarily count as joint property. The law stipulates that the property purchased by Chunfeng after marriage shall belong to the joint property of both parties. If the property was purchased by one party before marriage and the title is registered in the name of the individual, the property belongs to the personal property of one of the parties.
Even if the parties have been married for many years, it is not considered joint property.
1. Is the house bought by my husband before marriage eleven years old still premarital property?
After eleven years of marriage, the house bought by the husband before marriage is still a pre-marital property. For property purchased by one party before the marriage registration, it is still the personal pre-marital property of one party even if they have been married for many years. However, unless there is an agreement between the two parties.
The parties can agree on the ownership of the pre-marital property, and if the property is agreed to be jointly owned by both parties, the property is the joint property of both parties.
2. Is buying a house after marriage considered joint property?
Whether or not a house purchased after marriage is joint property should be determined on a case-by-case basis. If the property is purchased jointly by the parties after marriage, even if the property is registered in the name of one party, it is still the joint property of both parties; If the property was purchased by both parents, there is a clear indication that it is owned by the individual, and the property is registered in the name of the individual, the property is personal property; If it is not explicitly stated, the property is joint property. For the joint property of both parties, the two parties shall negotiate and settle the matter at the time of divorce, and if the negotiation fails, the court shall make a judgment.
3. Does the house belong to the property of the husband and wife after marriage?
After marriage, the house belongs to the joint property of the husband and wife, except if the parties have agreed to be personal property. Joint property is the property acquired by the husband and wife during their marriage, and the parties may agree in writing whether the acquired property belongs to the individual or jointly owned. Therefore, the house purchased after the marriage registration belongs to the joint property of both parties, and if it is purchased by an individual in full before the marriage, it can be regarded as personal property.
If the husband and wife have not yet completed the marriage registration formalities, the property is not the joint property of the husband and wife.
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 is 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) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.
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Legal Analysis: A house that has been married for 8 years is not necessarily considered joint property. The law stipulates that property purchased after marriage shall be the joint property of both parties.
If the property is purchased by one party before marriage and the property is registered in the name of the individual, the property belongs to the personal property of one party. Even if the parties have been married for many years, it is not a joint tremor property.
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 their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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1. Is 8 years of marriage considered as joint property of husband and wife?
No, Article 6 of the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts before the promulgation of the Marriage Law stipulates that if the property owned by one party before marriage is jointly used, operated and managed by both parties after marriage, the house and other means of production of greater value shall be regarded as the joint property of the husband and wife after eight years, and the valuable means of subsistence after four years. This article has been repealed. At present, the joint property of husband and wife shall be recognized in accordance with the provisions of the current Marriage Law.
Even if the marriage occurred before the abolition of this article, if the divorce is now, it shall be enforced in accordance with the provisions of the law in force.
2. Scope of joint property of husband and wife:
Article 17 of the Marriage Law stipulates the scope of property acquired by husband and wife during the existence of the marital relationship and shall be jointly owned by the husband and wife, that is, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses refer to the salaries, bonus incomes and various welfare policy income and subsidies of one or both parties during the existence of the husband and wife relationship;
2) Income from production and business operation refers to the income from production and business operation of one or both husband and wife during the existence of the husband and wife relationship;
3) The income of intellectual property rights refers to the income of intellectual property rights owned by one or both spouses during the existence of the marital relationship;
4) Property obtained by inheritance or gift refers to the property obtained by one or both parties as a result of inheritance and acceptance of gifts during the existence of the marital relationship. In the case of inheritance income, it refers to the acquisition of property rights, not the actual possession of property.
Even if the marriage is not actually in possession before the termination of the marital relationship, as long as the inheritance occurs during the existence of the marital relationship, the inherited property is also the joint property of the husband and wife, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that should be jointly owned.
6) Housing subsidies and housing provident funds actually obtained or should be obtained by both parties.
7) The endowment insurance money and bankruptcy settlement compensation actually obtained or should be obtained by both parties.
8) The part of the marital relationship that should be shared by the husband and wife during the existence of the marital relationship, such as demobilization allowance and self-employment allowance paid to the name of the soldier.
The disposition and determination of the joint property of the husband and wife shall be handled by the method of presentation of evidence by both parties, that is, one party may present evidence that a certain property is the property of one party, and if it cannot provide evidence, it shall be recognized as the joint property of the husband and wife, and shall be divided in accordance with the principle of fairness and equality, but if there is a party at fault for the divorce, it may be divided unequally.
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No, Article 6 of the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts before the promulgation of the Marriage Law stipulates that if the property owned by one party before marriage is jointly used, operated and managed by both parties after marriage, the house and other means of production of greater value shall be regarded as the joint property of the husband and wife after eight years, and the valuable means of subsistence after four years. This article has been repealed. At present, the joint property of husband and wife shall be recognized in accordance with the provisions of the current Marriage Law.
Even if the marriage occurred before the abolition of this article, if the divorce is now, it should be enforced in accordance with the current legal provisions.
Article 1062 of the Civil Code stipulates that 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) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be owned by the common brigade. Husband and wife have equal rights to dispose of joint property.
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If an individual buys a property in full before marriage, it is not considered joint property after marriage. According to the first paragraph of Article 1062 of the Civil Code, 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) Intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned.
Article 1063 stipulates that the following property shall be the personal property of one of the spouses: 1) the premarital property of one of the spouses; (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 one party; (5) Other property that shall belong to one party.
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 is 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) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.
Article 1063 of the Civil Code of the People's Republic of China provides that 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.
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