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Anonymous users2024-02-13Legal analysis: The pre-marital property of one party is personal property and cannot be divided in the event of divorce, and the property owned by one of the spouses 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.
If there is no agreement between the parties to the marriage on pre-marital property, pre-marital property is personal property and is not converted into joint property by the continuation of the marital relationship. 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.
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 shall belong to one party.
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Anonymous users2024-02-12Under normal circumstances, if there is no special agreement before marriage, the property of an individual before marriage belongs to an individual and does not participate in the division of property in the divorce. If the other spouse participates in the repayment of the loan after the marriage, the mortgage purchased by one party before the marriage shall be awarded to the buyer at the time of divorce, and half of the loan repaid jointly by the spouse shall be compensated to the other spouse.
Legal basis] 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) the proceeds of 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 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 party. Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, 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 rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Anonymous users2024-02-11Premarital property is the personal property of one of the spouses and cannot be divided in the event of divorce, and the joint property of the husband and wife is divisible in the event of divorce.
Legal basis. Civil Code of the People's Republic of China
Article 1063: The following property is the property of one of the husband and wife: (1) the premarital 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 or 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 party.
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Anonymous users2024-02-10Pre-marital property is not divided in the event of divorce unless there is an agreement between the spouses. In the event of divorce, only the joint property of the husband and wife is divided, so the premarital property of one party is personal property and is not divided.
However, the parties may agree that property acquired during the marriage and property acquired before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. If there is an agreement, it shall be carried out in accordance with the agreement.
Legal basis.
Article 1065 of the Civil Code stipulates that a man and a woman may agree that the property acquired during the marriage and the 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 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.
The above is only the current information combined with my understanding of the law, please refer to it carefully!
If you still have questions about this issue, it is recommended that you organize the relevant information and communicate with a professional in detail.
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Anonymous users2024-02-09Premarital property is generally personal property and is owned by one of the spouses, and there is no need to divide it in the event of divorce. Unless otherwise agreed by both parties.
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 in the will or gift contract to belong only to the party who is the world's breadth;
(4) Daily necessities for the exclusive use of one side;
5) The property of the party shall be owned by the party.
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