What is the scope of the prenuptial property agreement, what is the scope of the prenuptial property

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: (1) the property of one of the parties before marriage; (2) Medical expenses, living allowances for persons with disabilities, 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 party.

At the same time, article 19 of the Marriage Law stipulates that husband and wife may agree that property acquired during the marriage and property before 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 unclear, the provisions of articles 17 and 18 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 binding on both parties.

Article 19 of the Supreme People's Court's Interpretation (1) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China: "Article 18 of the Marriage Law.

Property that is provided for by one of the spouses shall not be converted into joint property by virtue of the continuation of the marital relationship. Unless otherwise agreed by the parties. That is, no matter how many years have elapsed since the marriage, the property of one of the spouses before marriage is still owned by one of the spouses.

Specifically, it can be divided into the following four categories: 1. Property owned by individuals before marriage, 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 acquired by one party before marriage, such as the property rights of the pre-sold house obtained by one party before marriage and the payment for the house was paid in full, and the ownership of the house was actually acquired after the marriage.

3 Fruits of pre-marital property, including pre-marital fruits of personal property and fruits of pre-marital personal property and fruits arising after marriage. 4 One party exists in the form of money, equity, etc. before marriage, and after marriage it is manifested as another form of property. If one party's personal savings before marriage and the tangible property purchased after marriage are converted into money, this is only a change in the original form of property value, and its value acquisition began before marriage, and it shall be recognized as one party's personal property.

It is worth noting that if the personal property before the marriage is naturally damaged, consumed or lost during the common life, the divorce cannot be claimed with the joint property or the other party with his or her personal property to compensate. However, the use of personal property before marriage to engage in investment or business after marriage, or the investment before marriage and the receipt of dividends after marriage, shall be recognized as the joint property of the husband and wife.

Legal analysis: The scope of premarital property is relatively wide, which can be houses, vehicles, salaries, bonuses, as well as income from intellectual property rights, inheritance or gift of property, **, equity, etc. The joint property after marriage mainly depends on whether the date of acquisition of the property is before or after the marriage date.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China A man and a woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or that the property acquired by Hui Tsai shall be owned separately or jointly. It should be in the form of a written pre-defeat.

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.

China's laws and judicial interpretations have not yet made a clear description of the concept of prenuptial property agreements. The legal basis of the prenuptial property agreement lies in Article 19 of the Marriage Law of the People's Republic of China, which stipulates that the husband and wife may agree on the property acquired during the marriage relationship and the premarital property. A prenuptial property agreement shall refer to an agreement between a man and a woman on the ownership of property acquired before and after marriage, which can be handled before and after marriage, regardless of whether it is registered or not.