Special pre marital property !! On the issue of property rights in the house before and after marria

1. The real estate obtained before marriage, as long as it does not involve the repayment of the loan after marriage, does not need to be notarized at all, and the real estate certificate itself is sufficient evidence. Pre-marital personal property that belongs to you.

2. Your parents' goods, you just help to operate, and they will not become the joint property of the husband and wife at all.

3. If you have held it before the marriage and there is no change during the marriage, the purchase and possession records are sufficient to prove the time of its acquisition.

However, once there is ** after marriage, re-purchase and other behaviors, sometimes it is difficult to distinguish whether there is a post-marriage capital injection, and according to the normal understanding, the income before marriage ** after marriage, if there is no special agreement, should be joint property.

Therefore, if you are worried, you can consider notarizing the property that is not easy to prove, with proof of the amount and category of the relevant holdings, and the two parties will go to the notary office together, one is to clearly prove the ownership of the corresponding **. Second, it is clearly stipulated that the income and changes in the transaction after marriage in the ** account are still personal property. What you can do, that's about it.

Hope it helps!

Beijing Inheritance Expert Team].

Hehe, if you're worried about these things. I suggest that you go to a notary public and apply for a certificate of property. What you notarize is all personal to you.

Your family is in business. Signs of judging pre-marital and post-marital property first, the funds**, second, the time of registration. I suggest you go to a notary public to notarize ** is your pre-marital property.

I have dealt with similar things when I was a financial planner before. Notarization is the best solution.

Hello, the legal issue you are involved in is the issue of the determination of the joint property and personal property of the husband and wife. According to Article 1063, Paragraph 1, Item 1 of the Civil Code, "the following property shall be the personal property of one of the spouses:

1) One party's pre-marital property. As you said: "The property right certificate of the house purchased by the woman before marriage is also registered in the woman's name, and the down payment has been paid by the woman", according to the above-mentioned provisions of the Civil Code, this part of the property belongs to the woman's pre-marital property, that is, the woman's personal property.

At the same time, according to 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) remuneration for wages, funds and labor; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in paragraph 3 of Article 1063 of this Law; (5) Other property that shall be jointly owned.

Although the repayment of the loan after marriage is borne by the woman, and the decoration costs are also paid by the woman, and the man does not participate, as long as the woman's income from the repayment of the loan falls under the circumstances stipulated in Article 1063 of the Civil Code, and there is no other agreement between the husband and wife, this part of the property for subsequent loan repayment belongs to the joint property of the husband and wife, that is to say, the house should belong to the joint property of the husband and wife except for the woman's personal property rights before marriage.

Xinzhiyuan Law Firm suggests: In order to let the lawyer fully understand the facts of the case and better protect your legitimate rights and interests, it is recommended that you can go to a professional law firm for detailed consultation, so that the lawyer can give you a more comprehensive and effective solution.

If there are various evidence and documents when purchasing the house before marriage, and even after the marriage, the mortgage is borne by the woman, and there are records to be checked, so the house still belongs to the woman's personal property.

Because the house was purchased by the woman before marriage, and there are various evidence and documents when purchasing the house before marriage, and even after the marriage, the mortgage is borne by the woman, and there are records to be checked, so the house still belongs to the woman's personal property.

First of all, it is necessary to figure out a problem, although the house was purchased by the woman before marriage, but the property bought with a loan, there is no need to mention the down payment of course, the down payment is the woman's down payment, but the loan is still repaid after marriage, and the repayment of the loan after marriage is also the woman's money to repay the loan, although the woman still pays the money, but it is the husband and wife during the existence of the husband and wife, and the repayment part of the loan during the existence of the husband and wife has half of the man's loan, and the woman has to pay half of the loan repayment during the marriage to the man.

If the property is still in his name until the father remarries, it should be his personal pre-marital property.

For the distribution of premarital property, in principle, there is no will, and it is divided equally among the parents, spouse and children.

That is to say, if there are grandparents, they can each get a share, a share for the father's current wife, a share for the remarried son, and a share for you. Of course, everyone has the right to waive and must produce written materials. Then the rest is divided equally.

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

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.

Article 18 of China's Marriage Law stipulates that any of the following circumstances 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 stipulates that 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.

That depends on whether the house is a pre-marital property or a post-marital property. If it is a pre-marital property, then you have the right of first instance, and if it is a post-marital property, it depends on who is the holder of the title deed of the house, i.e., the homeowner. Generally, your father's wife who remarried is the first heir.

I'm a law student, so that's all for it, or you can go to a bookstore and buy a copy of the law. The Marriage and Inheritance Law has provisions for various situations.

You are one of the legal first-in-line heirs.

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.

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 ......

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.

The part of the post-marital appreciation is personal, but the rental income is joint property.

In principle, under the age of 2 with the mother, 2 10, to see which side is beneficial to the child's growth. If you are over 10 years old, ask for your child's opinion.

Also: Your property is pre-marital property.

The income during the existence of the marital relationship shall be the joint property of the husband and wife.

Suggestions: 1. The property system agreed by husband and wife or the notarization of premarital property can be adopted. But this method, your conditions are more superior, I don't know if the man will agree, or tell you 88

2. Because the property before marriage will not be converted into the joint property of the husband and wife due to time. So, you can open a new account after marriage, and the previous deposit will not be moved. In this case, it is easy to distinguish between pre-marital property and joint marital property.

It will not have a bad effect on the man.

Before marriage, it is premarital property, and under normal circumstances, the court will not help him check your property, and he needs to find evidence to prove it. The problem of children is not easy to talk about, and they are not married yet, who knows what will happen in the future, women under the age of 3 have a good chance, and men over the age of 3 are big Of course, there are other factors.

Property acquired before marriage belongs to the pre-marital property of one of the parties, unless there is an agreement between the man and the woman that is jointly owned by the husband and wife, and cannot be divided according to the joint property of the husband and wife.

The property acquired after marriage, unless the man and woman have agreed that it belongs to one of the parties, shall be the joint property of the husband and wife and shall be divided according to the principle of equal distribution.

According to Article 10 of the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, if one of the husband and wife signs a contract for the sale and purchase of movable property before marriage, pays the down payment with personal property and takes out a loan from a bank, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in the value of the property in accordance with the principles stipulated in the first paragraph of Article 39 of the Marriage Law.

1. The property right of your house belongs to you, but the payment of the mortgage after marriage belongs to the joint property.

2. I personally think that you don't add the woman's name, this is to protect yourself, and secondly, marriage is based on love, if it's just for the house, such a marriage, you can imagine it.

1. You can add your name to the real estate certificate, but you must agree with your Min Maoyu, because the house is your personal property. If the real estate certificate does not come down, it means that it is necessary to change the bottom bridge roll, which may be difficult.

2. If the real estate certificate is not processed, it does not involve the second payment; If the title deed is with the developer, it may have to be paid.

3. If the name is added to the other party, it means that it is joint property, and the divorce should be divided.

1. The issue of adding a name can be sold as long as the developer agrees, which is relatively simple;

2. Real estate deed tax and other issues depend on the agreement between you and the developer, and the individual income tax does not know the concept you get from **;

3. It is no problem to prove that it belongs to you before marriage, and the divided part is limited to the part of the joint repayment of the loan after marriage;