How to divide the pre marital property in the event of divorce, and how to divide the pre marital pr

Legal 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.

Legal analysis: If it is established as joint property after marriage, it can be divided by negotiation or by filing a lawsuit with the court. If it is personal property, it cannot be divided.

Legal basis: 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 agreement between Yu Nianhan and both parties; If the agreement fails, the people's court shall 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 operation of family land shall be protected in accordance with law.

Legal analysis: The house before marriage belongs to the personal property of one party, and the owner of the property will not change due to the length of the marriage, so even if the husband and wife divorce after 8 years, the house still belongs to the original owner and there is still no need to divide the property. Legal basis:

Article 1076 of the Civil Code of the People's Republic of China Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling. Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support.

The amount of the cost to be borne and the length of the period of family cultivation shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement fails, the People's Court shall 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.

For the distribution of pre-marital property after divorce, it should be determined whether it is individual property or joint property before dividing it. If the pre-marital property is purchased by one of the parties, it is personal property and will not automatically be converted into marital property, regardless of the length of the marriage. 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.

Of course, the remaining unpaid debts are personal debts.

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 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; Other property that should be jointly owned. Husband and wife have equal rights to dispose of joint property.

Article 1063:The following assets are 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: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 operation of family land shall be protected in accordance with law.

Legal Analysis: The division of pre-marital property in the event of divorce is:

1.If the husband and wife agree in writing on who owns the property, or orally agree, and there is no dispute between the parties, the divorce shall be handled in accordance with the agreement. However, the agreement to circumvent the law is invalid.

2.The 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 the principle of disposing of joint property shall be followed when dividing it.

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) 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 shall be 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 party.

Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Article 1065:A man and a woman may agree that property acquired during the period of existence of the marital relationship, as well as 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.

In the case of divorce, the division of pre-marital real estate mainly includes the following situations:

If the house was purchased before the marriage, registered in the name of one person, and the full payment of the house price has been paid before the marriage, it is personal property and is not divided as joint property in the event of divorce, but always belongs only to the real estate registrant.

If the house was purchased before the marriage and only one person's name was registered, but the mortgage was repaid after the marriage with the joint property of the husband and wife, such as personal salary, then at the time of divorce, the court can rule that the house belongs to the individual owner of the real estate registrant, but the pure joint property of the husband and wife used to repay the loan, as well as the corresponding increase in the value of the property, need to be divided as the joint property of the husband and wife.

If the names of both spouses are registered on the house, the house is part of the joint property of the husband and wife, and the court usually divides it equally in the event of a divorce.

Article 18 of the Marriage Law The property of one of the spouses.

In any of the following circumstances, it is the property of one of the husband and wife: (1) the premarital property of one party; (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.

Article 10 of the Supreme People's Court's Interpretation (3) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China.

If one of the husband and wife signs a contract for the sale and purchase of real estate before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who paid the down payment, the real estate shall be disposed of by agreement between the two parties at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.

Article 39: Divorce disposition of joint property of husband and wife.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by the husband or wife in the contracting and operation of family land shall be protected in accordance with law.

Legal Analysis: If the prenuptial property is simply purchased by one party, it is personal property and cannot be divided by the other party.

Legal basis: Article 1063 of the Civil Code of the People's Republic of China for the Sale of Mandarin Oranges 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 should belong to one party.