Definition of premarital property of husband and wife? 10

Pre-marital property, i.e., property owned by one of the spouses before marriage. The definition of premarital property in China's Marriage Law is based on the specific time of marriage registration as the time cut-off point, rather than the time of cohabitation or the time of the banquet as the time point for the division of premarital property.

Generally speaking, we can assume that as long as all the property of one of the spouses was acquired before the marriage, or although it was acquired after the marriage, it should be recognized as the personal property of one of the spouses before the marriage.

Property that has been actually acquired before marriage, such as labor remuneration obtained by one of the husband and wife before marriage, benefits from investment and business income, or property obtained from gifts or inheritances received from others, shall be deemed to be premarital property as long as it is acquired before the husband and wife complete the marriage registration.

If the property was not actually acquired before the marriage, but it was clearly available before the marriage, if one of the spouses had clearly defined the property that could be inherited before the marriage, but the share of the above-mentioned inheritance was divided after the marriage, the property inherited by one of the spouses should also be recognized as the property before the marriage.

In judicial practice, the definition of premarital property is far more complicated than imagined. In the event of divorce proceedings between the spouses, the party claiming the pre-marital property shall bear the full burden of proof. If evidence fails, then the court will generally presume that the division of the marital property is the result of the division.

For this reason, it is necessary for the parties to entrust a professional divorce lawyer to assist in the collection and proof of premarital property evidence, otherwise greater legal risks will inevitably arise.

Who owns the pre-marital property?This is a common concern for many people before they get married or before they get divorced. China's Marriage Law has only one provision on the ownership of premarital property, but it is very clear, that is, premarital property belongs to one of the husband and wife.

Article 18 of China's new Marriage Law stipulates that under any of the following circumstances, it shall be the property of one of the husband and wife: (1) the property of one party before marriage......;Article 19 of the Interpretation (1) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that the property owned by one of the husband and wife as stipulated in Article 18 of the Marriage Law 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. Based on this, we can conclude that premarital property is the personal property of one of the spouses, and premarital personal property is not automatically converted into joint property of the husband and wife due to the continuation of the marital relationship, so the spouse generally has no right to divide it in the event of divorce.

Pre-marital property is personal property.

Article 18 of the new Marriage Law stipulates that "property owned 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. ”

Some people still use the old statute to think that after a few years of marriage, it will become community property. It's a complete misinformation.

The landlord couldn't say clearly, was it a transfer or only added his father's name? If the house has been transferred to the father (not as simple as adding a name, but only one name), the house is considered the father's property, and if the father dies, it will be the father's inheritance.

First, the property belongs to the woman, and if the loan is not repaid, the man has nothing to do with the property. If it is necessary for the young couple to repay the loan, then the repayment part belongs to the joint property, and the husband has the right to divide this part.

Second, if the father's name is added before the marriage, the house is shared by the girl and her parents. The parents' share is counted as an inheritance after the death of the elderly.

1.The man has no right to divide the house.

2.Count the legacies of the deceased.

The new Marriage Act indicates:

The property of both parties before the marriage remains personal property after the marriage.

After marriage, the money bought by both parties is joint property.

If, after marriage, you use the money before marriage to buy a house, then there must be bank transfer records, and clear records in all aspects, and on the premise of records, they are still personal property. So, on the banking side, try to transfer money, leave a clear record, and don't take a detour!

Pre-marital property 15 years after marriage is considered joint property You can check the relevant laws This is more accurate.

Consult a lawyer, there's a lot of variation here.

Premarital property refers to the property that has been acquired by one of the husband and wife before the marriage of Rantong. The pre-marital property of one of the spouses, whether movable or immovable, tangible or intangible, is protected by law as long as it is lawfully acquired.

Attention should be paid to the following aspects when determining pre-marital property:

1. The key to judging whether it is premarital property is that the time of acquisition of property rights is before marriage. If the right to property was acquired before the marriage, but the property was actually taken after the marriage, it is in the nature of pre-marital personal property. For example, if one of the spouses accepts the inheritance before the marriage, and the inheritance is divided after the marriage, although the inheritance is actually obtained after the marriage, its ownership has been acquired before the marriage, so it should be determined that one of the parties has been the property before the marriage.

2. The pre-marital property of one of the husband and wife 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.

3. 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 will not be supported.

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 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 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 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.

The pre-marital property of the husband and wife shall be the property before the marriage registration, mainly including: 1. The property owned by the individual before the marriage, such as wages, bonuses, and income obtained from the production and operation of Xitong; 2. Property rights that one party has acquired before marriage; 3. The fruits of pre-marital property, including personal property before marriage and personal property before 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. The income generated by the personal property of one of the spouses after marriage, except for the fruits and natural appreciation, shall be recognized as the joint property of the husband and wife.

[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 the will or gift contract to belong only to the party who is guilty of the defect;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Pre-marital property refers to property acquired by one of the spouses before the marriage. The pre-marital property of one of the spouses, whether movable or immovable, tangible or intangible, is protected by law as long as it is lawfully obtained. One party's pre-marital property can be divided into the following 4 categories:

1) Individual-owned property, such as wages and bonuses, income from the production and operation of ruler equipment, income from intellectual property rights, property obtained by inheritance or gift, capital gains and other legal income. (2) Property rights that one party has acquired before marriage, such as creditor's rights obtained by one party before marriage. (3) The fruits of pre-marital property, including pre-marital fruits of personal property.

4) One party exists in the form of money, equity, etc. before marriage, and after marriage it manifests itself as another form of property.

[Legal basis].

Article 1063 of the Civil Code stipulates that the following property shall be the personal property of one of the spouses: the pre-marital property of one of the spouses; 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.

The Civil Code stipulates that property acquired before marriage is generally personal property, and property acquired after marriage is generally the joint property of husband and wife. Except where the parties have agreed.

Article 1062 of the Civil Code of the People's Republic of China.

The following property acquired by the husband and wife during the period of the existence of the 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) 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.