On the issue of premarital property division, urgent! 150

You shouldn't have any concerns.

1. It is certain that the house is a pre-marital property, and the down payment is paid by you, and at that time you cannot participate in the division of property in the divorce before you get married, and it should be completely yours after the real estate certificate comes down. Because this liability is paid by your salary. I guess you haven't been married for long, and the shorter the time, the better it will be for you.

2. You can negotiate with him and get his consent, if you have a conscience, you will give up dividing this house.

3. If he has to divide it and get it, then find a lawyer to go to court to solve it, and you will definitely win.

Wishing you happiness!

There is no doubt that the house you bought before you got your marriage license is your pre-marital property.

It must be yours.

One day husband and wife 100 days to discuss!

In addition, it seems that you can apply for a forensic appraisal of the house, and all the mortgages after that are borne by you.

Of course, it is best to do a prenuptial notarization of property.

The question is do you want to get married or divorce now?

Go and consult a lawyer in detail, I don't know what to do.

After marriage, the property of the family is jointly owned by the husband and wife, you did not register the property before marriage, you are going to divorce after marriage, and the property is very likely to be divided into two, if you want a house, then your money must make up for the other party! Sit down and communicate with your lover, divorce hurts both parties a lot, try to reconcile! I wish you all happiness!

The down payment before marriage is definitely yours. The mortgage after marriage, although it is your own salary, is also the joint property of the husband and wife.

Legal Analysis:

Premarital property is mainly the personal property belonging to one of the spouses. If the husband and wife have a written agreement on the pre-marital property, the pre-marital property shall be divided in accordance with the regulations.

Legal basis: Civil Code of the People's Republic of China

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 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.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or 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.

Legal analysis: 1. Premarital property refers to the property acquired by one of the husband and wife before 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 acquired.

It includes property obtained from personal labor before marriage, inherited or donated property, and other legal property. 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. If there is no special agreement on pre-marital property, it is generally owned by the husband and wife.

2. Most of the marital property of husband and wife belongs to the joint property of husband and wife, which needs to be divided according to the principles prescribed by law, and generally distributed equally, but the specific situation of more and less needs to be analyzed.

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 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 Qi Li's 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.

If there is no special agreement on the pre-marital property, it is the personal property of one party, and it does not need to be divided. The personal property of one party includes: the pre-marital property of one party; compensation or compensation received by a party for personal injury; Property that is determined to belong to only one party in a will or gift contract; daily necessities for one party; Other property that should belong to one party.

[Legal basis].

Article 1062 of the Civil Code 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, infiltration 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) The sale of property that is determined in the 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: one party's pre-marital property belongs to one party's personal property, so if there is no special agreement, the pre-marital property does not belong to the joint property of the husband and wife, and this part of the property will not be divided in the event of divorce; If the agreement is co-ownership, then the parties shall agree on how to divide it at the time of divorce, and if the agreement fails, the court shall make a judgment in accordance with the law. If one of the parties pays the down payment with personal property before the marriage and the loan is repaid by the public after the marriage, the court may rule that the immovable property belongs to the party whose title is registered, and the loan that has not yet been repaid is the personal debt of the party whose title is registered.

The party registering the property rights shall compensate the other party for the joint repayment of the loan and the corresponding part of the property appreciation between the two parties after marriage.

Legal basis: Civil Code of the People's Republic of China

Article 1076: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 file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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.

1. Look at whose name the real estate title certificate is. Or in whose name did you buy the house.

If it is your husband's: (1) his parents contributed money, because it was before marriage, unless his parents expressly stated that they would give it to you, it would be the man's property. (2) If he paid for it himself, because it was purchased before marriage, although it was a property right certificate obtained after marriage.

But the essence of this is that his personal property has changed its form. Personally, I believe that in this case, it is still the personal property of the man.

In other words, the property should not be divided in the event of a divorce.

If you agree that the property is his, and he agrees to share it with you, then it should be divided in the divorce.

2. The letter of apology he gives you can be used as evidence that he has a third party, and you can ask for damages in the event of divorce. Text messages can also be used as evidence.

3. Although he doesn't have a salary card, you can see if he has a bank card, passbook, etc. If so, you can apply for a preservation.

What you should divide is the joint property of the husband and wife. Other than that, it can't be divided.

Hello, since the prenuptial property agreement stipulates that since it is prenuptial property, it is premarital personal property. Of course, it can't be divided.

It's better to sign an agreement than to transfer the property to you, or add your own name.

Moreover, if it is not feasible to enter into an agreement to give the house to you personally, it will still be recognized as the joint property of the husband and wife.

Pre-marital property must be notarized at a notary office, and it is indivisible property in the event of divorce.

1. The house is your husband's pre-marital property, and you can't share it, but unless otherwise agreed, you can share half of the property after marriage, and his salary can be investigated by the court (divorce by litigation). The salary can be your joint property.

Pre-marriage refers to the marriage registration system implemented in China's Marriage Law, and the marriage of both men and women must go through the registration procedures of the marriage registration authority prescribed by law before the marriage is protected by law. Before and after marriage, the date of registration of marriage is the date of registration recorded in the marriage certificate, and the date of registration of marriage is the date of marriage. The premarital property of one of the spouses refers to the property acquired by one of the spouses before the date of marriage registration, and the premarital property belongs to the individual, which does not become joint property due to the length of the marriage, and may not be infringed upon by the party who is not the owner.

Based on the fact that the owner has complete control over the property, China's Marriage Law also recognizes that one of the spouses can freely dispose of his or her own personal property, that is, the personal property can be agreed to be joint property by agreement. However, due to the special nature of the relationship between husband and wife, in order to avoid unnecessary disputes, the Marriage Law also clearly stipulates that the agreement between the husband and wife on property shall be in written form. A property agreement agreed upon in writing is binding on both spouses.

In other words, premarital property is the personal property of one of the spouses and will not be divided in the event of divorce. Legal basis: The Marriage Law of the People's Republic of China shall be the property of one of the husband and wife under any of the following circumstances:

1) the pre-marital property of one of the parties; (2) Medical expenses, living allowances for the disabled, and other expenses received by one side due to bodily injury; (iii) Property identified in a will or gift contract as belonging 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.

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 acquired. Husband and wife may agree that property acquired during marriage and property acquired before marriage shall be owned by each other.

The basic principle of the division of property in the event of divorce is the income of the husband and wife during the existence of the relationship, and they have equal rights to dispose of it; One party's pre-marital property is not divided.

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

1) Wages and bonuses;

2) the income from production and operation;

(3) the proceeds of 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 side due to bodily injury;

(iii) Property identified in a will or gift contract as belonging 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 19 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates: "The property owned by one of the husband and wife as stipulated in Article 18 of the Marriage Law shall not be converted into joint property of the husband and wife due to the continuation of the marital relationship, unless the parties have specifically agreed that it shall be jointly owned." “

Since the mortgage purchase was made before the marriage, the woman did not participate in the down payment of the house (mortgage?). and the title deed is in your name and shall be deemed to be your personal (pre-marital) property; The part of the loan repayment after marriage belongs to the joint property of the husband and wife. In the event of divorce, the joint repayment and appreciation of the loan will be divided as the joint property of the husband and wife.

The house belongs to you, but after the marriage, the mortgage money is joint property, and half of it will be returned to the woman.