Is it considered joint property if you sell your personal property before marriage and exchange it f

1. If the house purchased with the proceeds of the house before the marriage is registered in the name of the investor, it is personal property;

2. If the house purchased with the proceeds of the house before the marriage is registered in the name of the husband and wife, it belongs to the joint property of the husband and wife;

3. Legal basis:

1) "Marriage Law" (2001 Amendment) Article 17 [Joint Property of Husband and Wife] 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) 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.

Husbands and wives have equal rights to dispose of jointly owned property.

2) Article 18 of the Marriage Law (2001 Amendment) [Property of one of the husband and wife] 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.

Legal issues: I bought a house in full before marriage, and after I got married, I want to sell the previous house and replace it with a bigger one, and the house will continue to be repaid by myself in the future, does this belong to the joint property of the husband and wife? Mr. Zheng:

The house before marriage is your personal property, and if the house purchased after marriage is registered in your name with the sale proceeds of this house, then the part purchased from the original house is still your personal property, and the remaining part is the joint property of the husband and wife. Lawyer Zhao: The property before marriage is yours, and the money from the sale of the house after marriage is also yours, but the property you buy with this money and loan is the joint property of the husband and wife.

You can negotiate with your spouse and agree that the property is your sole own. If you have a legal question, please go to the homepage and call Legal Advice** for a lawyer** consultation. Related knowledge - under what circumstances does the court not accept divorce proceedings?

Article 34 stipulates that the man shall not file for divorce during the woman's pregnancy, within one year after childbirth or within six months after the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.

It is truly necessary to accept the man's request for divorce" mainly refers to the fact that if the woman is seriously at fault, if there is evidence to prove that the woman is cohabiting with another person, etc., the court may accept the man's request for divorce.

Legal analysis: if the property bought before marriage is sold after marriage, it also belongs to the registrant and does not belong to the joint property of the husband and wife;

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. Calling for losses.

Husband and wife have equal rights to the republican and the gods and property.

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.

Article 1065: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 owned or partly jointly owned. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law 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.

Hello, using the house before the marriage of Queling, and changing it to a commercial house after marriage, it is still personal property, not the joint property of the husband and wife. According to Article 18 of the Marriage Law, if the personal property of the husband and wife does not change the ownership of the property due to marriage before marriage, the property before marriage, even if the commercial house is changed after marriage, still belongs to personal property.

Legal analysis: pre-marital property will not become post-marital property because of marriage, if pre-marital property is only a transformation of property form, then this property does not belong to the property acquired during the existence of the marital relationship, so it does not belong to the joint property of the husband and wife, and is still the personal property of the husband or wife. Therefore, selling it after marriage and turning it into money is only a transformation of the form of property, and does not change the nature of the property before marriage.

Therefore, it is not the joint property of the husband and wife.

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) The property that is determined to belong to only one party in the will or gift contract;

4) Daily necessities for the exclusive use of one side;

5) Other property of the Angelica party.

Not necessarily. Whether or not a pre-marital property is considered joint property after it has been sold depends on the circumstances.

1. If the pre-marital property is fully funded by one party before marriage and is registered in the name of one party, then the real estate belongs to the registrant. If the property is sold after marriage, it also belongs to the registrant and does not belong to the joint property of the husband and wife.

2. Before marriage, one party makes a down payment and registers it in the name of one person, and both parties repay the loan jointly after marriage, and the part of the husband and wife who jointly repay the loan and the part of the house appreciation at the time of divorce belong to the joint property of the husband and wife and can be divided.

3. One party makes a down payment before marriage and registers it in the name of both parties, and both parties repay the loan jointly after marriage, and the house belongs to the joint property of the husband and wife at the time of divorce and can be divided.

4. If one of the parties to the pre-marital property makes a down payment and registers it in the name of the parents of the funder, and after the marriage, one of the parents contributes the capital or the property owner repays the loan before the marriage, the house is not the joint property of the husband and wife after being sold at the time of divorce and cannot be divided.

1. What are the characteristics of the joint property of the husband and wife?

1. The subject of the joint property of the husband and wife is the husband and wife who have a marital relationship, and the men and women who have not formed a marital relationship, such as unmarried cohabitation, extramarital cohabitation, etc., as well as the husband and woman whose marriage is invalid or annulled, cannot become the subject of the joint property of the husband and wife.

2. The joint property of husband and wife is the property acquired during the existence of the marital relationship, and the property before marriage does not belong to the joint property of the husband and wife. The duration of the marriage relationship shall be from the date of conclusion of the legal marriage to the date of the death of one of the spouses or the effective date of the divorce.

3. The joint property of the husband and wife is the property obtained by both husband and wife or one party, including the property obtained by the husband and wife through labor, and other legal property obtained by non-labor income, of course, except for the property directly stipulated by law as personal property and the property agreed by the husband and wife as personal property. The pre-marital property of one of the spouses shall be the personal property owned by the husband and wife, and shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. The "income" here refers to the acquisition of property rights, without the requirement of actual possession of property.

"Income after marriage" means that the time when the property right is acquired is during the existence of the marital relationship. That is, from the date on which the marriage takes effect to the time when one of the spouses dies or the divorce takes effect.

2. How to define premarital property?

The property acquired by one party before the marriage is pre-marital property, the pre-marital property belongs to the parties, and is not divided in the event of divorce, and the following property is the personal property of one of the spouses:

1. One party's pre-marital property;

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;

5. Other property that should belong to one party.