Is it considered premarital property to be used for living together after saving money before marria

Article 16 of the Supreme People's Court's "Several Specific Opinions on the Handling of Property Division Issues in the Trial of Divorce Cases by People's Courts" stipulates that: "Where personal property before marriage is naturally damaged, consumed or lost during the common life after marriage, and one party requests compensation with the joint property of the husband and wife at the time of divorce, it shall not be supported. Although the new Marriage Law stipulates that personal property does not become joint property due to the existence of the marital relationship, the above interpretation also clarifies the principle of disposing of pre-marital property and post-marital use for common life.

At this time, there are two situations: (1) the pre-marital deposit is used to purchase houses, furniture and household appliances, etc.; (2) For children's education, living expenses, etc. In the former case, it can be regarded as a transformation of the form of pre-marital property, which remains personal property; In the latter case, it is regarded as a loss according to the above interpretation, and the other party cannot be required to compensate for it in the event of divorce.

1. Personal deposits before marriage are not joint property after marriage, and the scope of joint property of husband and wife is limited to the property acquired by one or both spouses after marriage. The pre-marital property of one of the spouses is the personal property of one of the spouses and is not converted into the joint property of the husband and wife as a result of the continuation of the prenuptial relationship. 2. The joint property of husband and wife refers to the property jointly owned by the husband and wife during the existence of the relationship between husband and wife.

The so-called period of the relationship between husband and wife refers to the period between the marriage of the husband and wife and the death or divorce of one of the spouses, and the property acquired by the husband and wife during this period, unless otherwise agreed, belongs to the joint property of the husband and wife. Husbands and wives have equal rights to dispose of jointly owned property. The consent of the spouse is required for the disposition of property by one of the spouses during the existence of the spouse.

Legal analysis: The property of one of the spouses does not automatically become joint property because of marriage, therefore, the pre-marital property of one party, including savings, still belongs to one party, and should not be divided as joint property even if divorced.

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.

1. Is the deposit before marriage considered joint property after marriage?

1. Deposits before marriage are not considered joint property after marriage. Premarital property has always been the pre-marital personal property of one party and will not be converted into marital property as a result of marriage. Pre-marital property refers to property acquired by the first spouse before the marriage.

However, if the husband and wife agree that the pre-marital deposit will be jointly owned by the husband and wife after the marriage, the pre-marital deposit will be converted into the joint property of the husband and wife as a result of the marriage.

2. 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 shall belong to one side.

2. Does the deposit before marriage need to be notarized?

The prenuptial deposit can be notarized, but it is not mandatory. Deposits, jade, gold and silver jewelry and other valuables belong to movable property whose property rights change at any time, unlike real estate with clear property rights such as houses and cars, if the two parties divorce in the future, it is difficult to prove or make clear whether these movable assets are pre-marital property or joint property of the husband and wife after marriage, in order to avoid unnecessary disputes in the future, it is recommended that the pre-marital deposit should be notarized at a notary office. Regardless of whether the pre-marital deposit is due or not, it belongs to the depositor alone, and is not the joint property between the husband and wife, so under normal circumstances, it does not affect the division of divorce property.

In the division of property, the joint property of the husband and wife is generally divided according to the principle of equality, but if there is another agreement between the husband and wife on the proportion of property division or if one party's property belongs to the other party, as long as the agreement is true, it can be carried out according to the agreement.

1. If there is no special agreement before marriage, the deposit is also personal property after marriage, not the joint property of the husband and wife. Pre-marital property is legal personal property and will not automatically become the joint property of the husband and wife because of the existence of the marital relationship, unless otherwise agreed by the parties. 2. Legal basis: 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 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 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.

Pre-marital savings are generally not considered to be the joint property of the husband and wife. Unless otherwise agreed. According to the relevant laws and regulations, the pre-marital property of one of the husband and wife shall be deemed to be the property owned by one of the parties, but if the two parties agree in the form of a contract that the property is jointly owned, as long as it is not illegal, it shall be recognized as joint property in accordance with the agreement.

[Legal basis].

Article 1065 of the Civil Code of the People's Republic of China.

The man and the woman 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. 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 pre-marital property 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.

Article 1087.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement fails, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the children, the woman, and the innocent party Quan Fengfan.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Personal deposits before marriage do not belong to the joint property of both parties after marriage, but there is an exception for the agreement between the parties. The law stipulates that the pre-marital property of one party is personal property and cannot be converted into joint property as a result of the continuation of the marriage. However, the parties may agree on the ownership of pre-marital property and property acquired during the existence of the marital relationship, and the agreement shall be in writing.

If the prenuptial personal savings are agreed to be shared by the parties, the savings are the joint property of the parties.

Laws. Article 1063 of the Civil Code of the People's Republic of China The following property is the 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.

If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.

If there is no special agreement in the pre-marital deposit, it is also personal property after the marriage, and is not the joint property of the husband and wife. Pre-marital property is legal personal property and does not automatically become joint property of the husband and wife by virtue of the existence of the marital relationship, unless otherwise agreed by the parties.

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) income from intellectual property rights; (4) Property inherited or donated by divination, 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.

Article 1063 of the Civil Law 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 shall belong to one side.