Is pre marital property joint property after marriage?

Updated on society 2024-07-19
8 answers
  1. Anonymous users2024-02-13

    1. Is pre-marital property a joint property after marriage?

    1. Premarital property does not belong to the joint property after marriage, unless otherwise agreed by the husband and wife. The property acquired by one party before marriage is generally the personal property of one of the spouses and will not be converted into the joint property of the husband and wife as a result of the conclusion or continuation of the marital relationship.

    2. Legal basis: Article 1063 of the Civil Code of the People's Republic of China.

    It is stipulated that 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 side.

    Article 1064.

    Debts incurred by the husband and wife as a joint signature or a subsequent 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.

    2. What are the materials required to apply for a marriage certificate?

    The materials required to apply for a marriage certificate are as follows:

    1. Household registration booklet and ID card of both parties to the marriage;

    2. Neither party has proof of spouse;

    3. The parties do not have proof of direct blood relatives and collateral blood relatives within three generations;

    Zhang 2-inch two sides recently took a half-length bareheaded group photo**.

  2. Anonymous users2024-02-12

    Legal Analysis: It belongs to the owner himself, and it is personal property. Legal basis:

    Article 1062 of the Civil Code [Joint Property of Husband and Wife] 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) Income from intellectual property rights, and (4) Inherited or donated property, except as provided for in Paragraph 3 of Article 1063 of this Law, and 5) Other property that shall be jointly owned.

  3. Anonymous users2024-02-11

    Legal analysis: The pre-marital property of one of the spouses shall not be converted into joint property due to the continuation of the marital relationship between the husband and wife, unless otherwise agreed by the parties.

    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) 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 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 shall belong to one side.

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

  4. Anonymous users2024-02-10

    Pre-marital property is owned by one of the individual parties, and it will not be automatically converted into joint property unless the husband and wife agree on the ownership of the pre-marital property through an agreement at the time of marriage.

    Article 1063 of the Civil Code of the People's Republic of China.

    The following property is the personal property of one of the spouses: (1) 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.

  5. Anonymous users2024-02-09

    Legal Analysis: It belongs to the owner himself, and it is personal property. Legal basis:

    Article 1,000 of the Civil Code [Joint Property of Husband and Wife] 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 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, and (4) Property inherited or given early, except as provided for in Paragraph 3 of Article 1063 of this Law, and 5) Other property that shall be jointly owned.

  6. Anonymous users2024-02-08

    1. Pre-marital property does not belong to the joint property of husband and wife after marriage. 2. Legal basis: Article 1062 of the Civil Code [Joint Property of Husband and Wife] 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, awards, congratulatory payments, 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: [Personal Property of Husband and Wife] The following property is the personal property of one of the husband and wife:

    1) Leakage of one party's premarital assets; 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 assets that should be attributed to the party that was destroyed.

  7. Anonymous users2024-02-07

    Pre-marital property is generally not considered joint property after marriage. According to Article 1063 of the Civil Code, the following property is the personal property of one of the spouses: round stockings (1) 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 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 side.

    Article 1063 of the Civil Code of the People's Republic of China provides that 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 the will or gift contract to belong only to the party who has slippery and wide; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side. Article 31 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Section, Article 1063 of the Civil Code stipulates that the personal 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.

  8. Anonymous users2024-02-06

    Summary. Pre-marital property is generally not part of the marital property after marriage, and the nature of the personal property is not changed unless the spouses agree to convert the pre-marital property into the joint property of the husband and wife.

    Premarital property generally does not refer to the joint property of the husband and wife after marriage, and unless the husband and wife agree to convert the premarital property into the joint property of the husband and wife, Ruliang will not change the sexual quality of the personal property.

    The other party does not have the right to dispose of the personal property belonging to the other party.

    Thank you. If we are divorced, it is not the joint property of the husband and wife after marriage.

    Yes, property acquired during marriage is considered joint property.

    I send you the specific provisions.

    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; (Erluling) income from production, operation and investment; (3) the income of 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.

Related questions
5 answers2024-07-19

1. Under normal circumstances, for the newly purchased house, it will be recognized as joint property. Because of the funds for the new house**, it is difficult to prove that it was not purchased with joint property after the marriage. >>>More

9 answers2024-07-19

Generally speaking, if a vehicle is purchased during the marriage, it is generally the joint property of the husband and wife, but if the man and woman jointly agree that the car during the marriage relationship belongs to one party, it is also okay, that is, if your wife signs and agrees, the vehicle belongs to you. >>>More

8 answers2024-07-19

When many people consult me, they will ask, do all my salary after marriage belong to the joint property of the husband and wife? Today I will talk to you about this problem. Article 17 of the Marriage Law of the People's Republic of China clearly stipulates that the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife >>>More

12 answers2024-07-19

1. Whether the real estate purchased or acquired after marriage shall be recognized as the joint property of the husband and wife shall be determined according to the following different circumstances: >>>More

13 answers2024-07-19

1. The house bought before marriage is registered in the name of the purchaser, and does not belong to the joint property of the husband and wife, but belongs to the personal property; >>>More