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Anonymous users2024-02-08On the issue of one party's pre-marital property. The current Marriage Law clearly stipulates that the property of one party before marriage is personal property, so the provision in the 1993 Opinions on the Division of Property that the personal property of one of the spouses can be converted into the joint property of the husband and wife under certain conditions no longer applies. Specifically, there are two types of property:
The first is the property owned by one party before marriage, which is jointly used, operated and managed by both parties after marriage. Houses and other pre-marital personal means of production of greater value may be regarded as joint property of the husband and wife after 8 years and 4 years of valuable means of subsistence. Second, during the existence of the marriage, the demobilization and transfer expenses received by demobilized and professional servicemen shall be counted as the joint property of the husband and wife if they have been married for more than 10 years.
In this regard, Article 19 of the Interpretation (I) on the Application of the Marriage Law also clearly stipulates: "Article 18 of the Marriage Law stipulates that all the property of one of the husband and wife 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." ”
In accordance with the spirit of the community of marital income stipulated in the marriage legislation of 1950 and 1980, the fruits of pre-marital property after marriage have always been regarded as joint property of husband and wife. However, the Marriage Law, promulgated on 28 April 2001, does not stipulate that "the fruits of pre-marital property shall be jointly owned by the husband and wife". Obviously, since the effective date of the amended Marriage Law in 2001, the fruits of the property of one of the spouses before marriage and after marriage belong to the personal property of one of the spouses.
Because there are different types of pre-marital property, some property does not require both husband and wife to operate, manage, and invest in labor before they can obtain fruits, such as cash, valuable**, etc.; However, many pre-marital assets need to be jointly operated and managed by the husband and wife after marriage in order to produce fruits. Therefore, the fruits of pre-marital property after marriage should be treated differently, and if it is the fruit of joint operation and management of the husband and wife after marriage, it should be determined as joint property. In this regard, Article 11, Paragraph 1 of the Interpretation (II) on the Application of the Marriage Law clearly stipulates that the income obtained by one party from the investment of personal property belongs to joint property.
Obviously, the interpretation recognizes the gains made from pre-marital property as investment after marriage as joint property. On the issue of other property that should belong to one of the spouses. This is a general provision, including all other personal property that should belong to one of the spouses that is not specifically enumerated in the legislation, such as the property that the husband and wife agree to belong to the individual; During the marriage, demobilization and demobilization expenses for demobilized and demobilized soldiers, self-employment expenses, etc.
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Anonymous users2024-02-07If the spouses do not have a property agreement, the following property is generally considered to be the personal property of the spouses: the pre-marital property of one of the spouses (regardless of the number of years elapsed); Medical expenses, disability allowances, etc., received by one party due to bodily injury; The will clearly states that the property will go to only one of the husband or wife.
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Anonymous users2024-02-06Legal Analysis: The personal property of husband and wife specifically includes: (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; (Siqiao liquid) daily necessities for one party; (5) Other property that should belong to one party.
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 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.
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Anonymous users2024-02-05Legal Analysis: Within the scope of the legal personal property of the husband and wife, the following property belongs to the personal property of the husband and wife: (1) the premarital property of one party; (2) Medical expenses and living allowances for disabled persons received by one party as a result of bodily 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) The serviceman's insurance money, disability allowance, and medical living allowance belong to the soldier's personal property; (6) The portion of the serviceman's reinstatement allowance and self-employment allowance deducting the joint property of the husband and wife belongs to the personal property of the serviceman; (7) Where immovable property purchased by one party before marriage and registered in his or her own name, and the loan is repaid with the joint property of the husband and wife after marriage, unless otherwise agreed by the parties, in principle, the ownership of the rent shall be deemed to be owned by the registered name; (8) Where immovable property purchased by one of the parents for the child after marriage is registered in the name of the investor's child, it may be regarded as a gift to one of his or her children, and the immovable property shall be recognized as the personal property of one of the spouses.
Legal basis: Article 18 of the Marriage Law of the People's Republic of China stipulates that the premarital property of one of the spouses is personal property, not the joint property of the husband and wife. Article 19 of the Marriage Law of the People's Republic of China
Article 18 of the Marriage Law stipulates that property owned by one of the husband and wife shall not be converted into joint property of the husband and wife due to the collapse or continuation of the marital relationship. Unless otherwise agreed by the parties.
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Anonymous users2024-02-04It is not the joint property of the husband and wife, that is, the personal property after marriage. The so-called personal property after marriage refers to the property owned by the husband and wife after marriage and other property unique to the husband and wife. According to Article 18 of the Marriage Law:
In any of the following circumstances, it shall be the property of one of the husband and wife, unless otherwise agreed by both parties: (1) the premarital property of one party. (2) Medical expenses, living allowances for the disabled, and other expenses received by one side 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. Where before the parties get married, the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express that the gift is made to both parties. 4) Daily necessities for the exclusive use of one side;
Other property that should belong to one party. Other property that shall belong to one party shall include property used by one of the spouses for occupation, work, amateur study, interests, hobbies, and so forth; ** insurance premium, disability allowance, medical living allowance for military personnel; Subsidies, life insurance premiums, medical expenses, disability expenses, health care expenses, etc., of a personal nature; Honorary prizes, medals, etc., obtained by one party in social contributions; The parties agreed to be personally owned property. The intellectual property rights of one party that have not yet obtained financial benefits at the time of divorce belong to one party.
In the division of the joint property of the husband and wife, the other spouse may be given appropriate care according to the specific circumstances. If the division cannot be determined through negotiation, then one of the spouses needs to write a complaint and file a lawsuit with the local people's court.
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Anonymous users2024-02-03Legal analysis: (1) One party's pre-marital property.
A party's pre-marital property refers to property acquired by one party before marriage, including movable and immovable property. A party's pre-marital property can be divided into the following three categories:
The first is the property owned by the individual, such as wages and bonuses, income from production and operation, income from intellectual property rights, property obtained by inheritance or gift, capital gains and other legal income.
The second is the property rights that one party has acquired before marriage, such as the creditor's rights obtained by one party before marriage.
The third is the fruits of premarital property, including personal property, premarital fruits, and premarital personal property, and fruits generated by the source of personal property after marriage.
Fourth, one party exists in the form of money, equity, etc. before marriage, and after marriage it is manifested as another form of property.
2) Medical expenses, living allowances for the disabled, and other expenses received by one side 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;
The daily necessities for one party refer to the items used by the husband or wife in their daily life, such as clothing, shoes and hats, cosmetics and other special items.
5) The property of the party that should be owned by him.
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 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 should belong to one party or is out of state.
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Anonymous users2024-02-02Legal analysis: including: (1) the pre-marital 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 side.
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 husband and wife: (1) the premarital property of one party; (2) Compensation or compensation received by one party for personal injury; (3) The remaining property of the property that is determined in the 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.
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Anonymous users2024-02-01Legal Analysis: The following are the personal property 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 side 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 basis: Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property 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) The property of the testamentary ruler or the gift contract that is determined to be brought to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
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Anonymous users2024-01-31The matrimonial property belongs to the individual
1. Personal property before marriage, such as salary, bonuses and other legal income;
2. Compensation or compensation obtained by one party due to personal injury;
3. The property that is determined to belong to only one party in the will or gift contract;
4. Daily necessities for one party.
[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 should be envied by one of the angeles.
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Anonymous users2024-01-30According to Article 18 of the Marriage Law, the personal property of a husband and wife shall be the property of one of the husband and wife under any of the following circumstances: (1) the premarital property of one party; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by the party for physical 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; (Qi Bi5) Other property that should belong to one party.
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Anonymous users2024-01-29Legal Analysis: The personal property of the husband and wife is:
1) The pre-marital property of one party's grandson;
(2) Medical expenses, living allowances for the disabled, and other expenses received by one side 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 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 husband and wife:
1) The pre-marital property of one party, (2) the compensation or compensation received by one party for personal injury, (3) the property that is determined in the will or gift contract to belong to only one party, (4) the daily necessities for the exclusive use of one party, and (5) the bridge fluid property that should belong to one party.
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