Is the house before marriage considered the joint property of the husband and wife if it was sold be

The law stipulates that the property of one party before marriage belongs to the personal property of one of the spouses. This suite is your mother's property before remarriage, and naturally belongs to her personal property, which is talking about property, not real estate (similar to the property purchased by one of the parents after marriage and written in the name of one of the investor's children in Judicial Interpretation 3, which can be recognized as the property of one party, and here it is real estate). Since it is property, including movable and immovable property, the money from the sale of the real estate is converted into movable property, which also belongs to the property of one of the spouses.

However, it is easy to say that once the physical object is turned into cash, unless she gives the cash to you or someone disposes of it, it is difficult to keep it in her hand and it will become "joint property". There is one thing to consider, although the suite is the property of the woman before marriage, but after the marriage through the joint operation of the husband and wife, so that it has increased in value, the other party should be given the compensation for the value-added part, for example, the woman has a large piece of land, the title deed is her name, but it was originally a wasteland, after the marriage the man came to operate the land together, transformed into a theme garden, the market value has increased several times, then if you want to divorce and divide the property, you cannot simply recognize the whole land as the woman's pre-marital property and all the interests belong to the woman. ］

Attached: Provisions of the Marriage Law on one party or joint property.

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses.

2) Income from production and operation.

3) Proceeds 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.

Article 18: In any of the following circumstances, it is 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 due to 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 party.

5) Other property that shall belong to one side.

If the house is a house without a bank mortgage, and the premarital property notarization was done before the marriage, then whenever the house is sold, it should be the pre-marital party, if there is no notarization, the house is not easy to say, if there is a mortgage loan, it definitely does not belong to one party.

If the house was sold after the marriage, the money is considered joint property. Except for those who have agreed!

Now the new marriage law doesn't say that whoever owns the real estate certificate is whoever! Where is the word about common property?

Legal analysis: the house bought before marriage and sold after marriage does not necessarily count as the joint property of the husband and wife, there are two situations: the property bought after marriage is registered in the name of the man, the house belongs to the personal property of the party who contributed to the purchase of the house, not the joint property of the husband and wife, and such a house should not be divided in the event of divorce; If the property purchased after marriage is registered in the names of both husband and wife, the house belongs to the joint property of both husband and wife, but the court shall appropriately divide the funder when hearing the divorce case and handling the division of property.

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) Proceeds from intellectual property rights.

4) Inherited or donated sedan chair 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 towns and tourists;

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 party.

5) Other property that shall belong to one side.

Legal Analysis: If the property is a pre-marital personal property, then the money received after the sale is not joint property.

Legal basis: Article 1062 of the 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 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. Proceeds 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.

Husband and wife have equal rights to dispose of joint property.

It does not necessarily depend on the specific situation, because the house before the marriage is sold during the marriage, and the owner can only prove that the funds from the sale of the house belong to the pre-marital property (whole in and out), and the court will only recognize it as pre-marital property (such as the existence of a bank or the purchase of a new house), if the funds from the sale of the house are used for living expenses or family medical expenses during the marriage, this situation cannot be required to be returned by the spouse when the joint property of the husband and wife is divided in the divorce (to this extent, it is also the joint property of the husband and wife), Of course, this can also be proved in the form of IOUs.

There are relatively strict restrictions on pre-marital property in law, especially if the real estate such as a house is converted into a cash asset, the parties must have additional evidence to prove their rights, otherwise even if they use the sale proceeds of the pre-marital house to buy a new house, if there is a deficiency paid by the joint assets of the husband and wife (house price) is also the joint property of the husband and wife, the other party must be compensated accordingly when divorcing.

It is not considered the joint property of the husband and wife, because the property before the marriage is personal property, and the house sold during the existence of the relationship between the husband and wife is also personal property, and the owner of the property cannot be changed because the house was sold before the divorce.

According to your description, if the house before the marriage is sold before the divorce, is it considered the joint property of the husband and wife? As a bystander, the house before marriage is personal property, whose property is before marriage, whether it is sold after marriage, it belongs to personal property, and cannot belong to the joint property of the husband and wife, so it is said that the house before marriage is also personal property before the divorce, and cannot be treated as the joint property of the husband and wife. This is stipulated in the Marriage Act as well as the Civil Code.

This is why it is necessary to do a prenuptial property notarization. Think for yourself, young man.

It is not considered marital property. The house was pre-marital, that is, the house was pre-marital personal property. When a house is sold, it is only a change in the form (form) of the property, from the house to money, but its ownership cannot be changed, and it should still belong to personal property.

No, the property of which party bought the house before marriage, and which party is in the name of which party, even if it is divorced, it belongs to the property of the party who purchased it, and it is not considered the property of the husband and wife.

It is not considered joint property of husband and wife, because the house is pre-marital property, not post-marital property, so it is not joint property of husband and wife.

A property, as long as it is personal property, will never become the joint property of the husband and wife. Even if you sell this house in the future, it will be personal property and will not be joint property.

The house bought before the marriage should not be part of the joint property of the husband and wife. Even if it is sold before the divorce, it is not part of the joint property.

If the house was bought in the name of an individual before marriage, then if it was sold before the divorce, it is not considered the joint property of the husband and wife, but can only be counted as an individual.

In our country, the law is required. The pre-marital property house is owned by the individual. Regardless of whether it is before or after the divorce, it is not considered the joint property of the husband and wife.

If it is a house bought before marriage, it is personal property, no matter what time it is, it belongs to the individual, and if it is sold, and he is willing to pay for the family, that is another matter.

When it is not sold, it is pre-marital property, and when it is sold after marriage, it becomes post-marital income, and it becomes post-marital property.

In this case, if the house bought before the marriage is sold before the divorce, the funds sold should not be part of the joint property.

Before marriage, wealth is the property of each person, and the property and the house are the property that turns the property into wealth, and it is still the property of each person.

If you bought it yourself before marriage, it is not part of the joint property of the husband and wife.

Since the property is the pre-marital property of one party, the value-added income from the sale after the marriage should be recognized as the personal property of one party. According to Article 18 of the Marriage Law, under any of the following circumstances, it shall be the property of one of the spouses: (1) the pre-marital property of one party; (2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of the bodily injury suffered by the hailstorm; 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 party. 5) Other property that shall belong to one side.

At the same time, according to Article 5 of Interpretation III of the Marriage Law, the income generated by the personal property of one of the husband and wife after marriage, except for the fruits and natural appreciation, shall be recognized as the joint property of the husband and wife.

Since the property is the pre-marital property of one party, the proceeds from the sale of the property after the marriage should be recognized as the personal property of one of the parties. According to Article 18 of the Marriage Law, under any of the following circumstances, it shall be the property of one of the spouses: (1) the pre-marital property of one party; (2) Medical expenses, living allowances for the disabled, and other expenses received by one party due to 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 party. 5) Other property that shall belong to one side.

At the same time, according to Article 5 of Interpretation III of the Marriage Law, the income generated by the personal property of one of the husband and wife after marriage, except for the fruits and natural appreciation, shall be recognized as the joint property of the husband and wife. Take the beam cong.

Personal property before marriage, and income from the sale of property after marriage, are also personal property.

If the house of an individual before marriage is also registered in the personal name of one party on the real estate certificate, and it is sold after marriage, it still belongs to the personal property of one party before marriage. If there is an appreciated part of the house after marriage, such as Sen Lao's decoration, etc., these renovated and value-added parts belong to the joint property of the husband and wife after marriage. In addition to this part of the decoration value-added, the rest belongs to the personal property of one party before marriage and belongs to one party.

However, it should be reminded that this part of the personal pre-marital property needs to be stored separately in the name of the person who owned the personal pre-marital property. Otherwise, it would be difficult to distinguish it from common property.

The Civil Code has clear provisions on this.

Sometimes I also reflect on this question, why? As people's living standards improve, the divorce rate will rise. I hope that husband and wife can pay attention to this issue, do not easily say divorce, life needs to run in with each other and support each other in order to create a harmonious family atmosphere.

As a husband and wife, the wife should understand the hardships of her husband outside the home, and not understand the difficulties of his wife.

I believe that people always have seven emotions and six desires, and who will choose to divorce unless they are forced to do so? Divorce has to start all over again, how many times can you have youth in life? Cherish the present, cherish the people around you, listen less to the "chicken soup" on the Internet, and return to life, not everything is as good as we seem on the surface.

We choose our partner, and when choosing a mate, we have to get to know each other before making a decision.

In today's society, no matter how good the relationship is, there will be divorce for most people. After divorce, the man and woman simply dissolve the marital relationship, and sometimes they have to live under the same roof for the sake of children or other things. If the divorce is not separated, there is no actual relationship between husband and wife in law, and such a relationship is not recognized in law.

If, during the period of living together, one of the spouses wants to buy a house, it is personal property and has nothing to do with the other spouse, and the other spouse may not ask for a partition. However, if the purchase is made by the two parties during the period of living together, it is joint property and the other party has the right to demand a division from it. In addition, if before the marriage, the house was purchased by one party alone, in the case of divorce, the house also belongs to the party who contributed to it.

Feelings are very complicated to say, without being fed by others, persuading others to be kind. I can only pray that in marriage, I can have more understanding, make some quarrels, life is lived by two people together, don't listen too much to the persuasion of the outside world, the backlog is too much depression, only two people continue to run in, in order to make life better.

According to the laws of our country, both parties are independent individuals after divorce, and the property purchased after divorce should be owned by the purchaser, and it is not pre-marital property or joint property.

It belongs to personal property, because the two people have divorced, and the two people have no relationship with each other in law, and whoever bought the house is whoever buys it, and there is no doubt.

Personal property. Because the two people are divorced, this house has nothing to do with each other, and this belongs to their own property.