How to divide the property before the divorce of the couple?

<> the property of the husband and wife before marriage should be personal property, and the other party has no right to request the division of the property. However, unless otherwise agreed by the husband and wife.

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

Article 1063.

The following property is 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 1065.

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. 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.

Article 1087.

In the event of a 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.

Pre-marital property belongs to one of the parties' personal property, and whoever owns the property belongs to whomever it is, and it is not divided in the event of divorce. In addition, pre-marital property will not be converted into joint property because of marriage, so the property before marriage is still personal property after marriage. However, if there is an agreement between the husband and wife, it shall be handled in accordance with the agreement.

[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 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.

If there is no special agreement on the pre-marital property, it generally belongs to the personal property of one party and can not be divided. At the same time, the husband and wife can also divide the property by agreement before marriage, and the property division agreement signed between the husband and wife has legal effect on both husband and wife.

[Legal basis].

Article 1062 of the Civil Code The following property acquired by a husband and wife during the existence of a 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 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 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 side.

If the property purchased before marriage is purchased in full by an individual before marriage and there is no special agreement after marriage, it is the personal property of one party, and it can be owned by the individual at the time of divorce;

If one of the parties to the marriage purchases the loan to be repaid jointly after the marriage, it is the joint property of the husband and wife, and it belongs to the husband and wife, but the purchaser can be compensated proportionally for the amount of the house before the marriage.

Marriage Law of the People's Republic of China

Article 17: Joint property of husband and wife.

The following property acquired by the husband and wife during the marriage 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 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 pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party 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 side.

Article 19: Agreements on marital property.

Husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be separately or jointly owned or partly separately and partly jointly owned. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 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 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

The question of how to divide the divorced property is definitely the top priority after the divorce, so how to divide it specifically? What does the law say about this? Let's listen to Lu Lu's explanation.

There are two types of real estate purchased before marriage, one is the down payment mortgage of one party before marriage, the joint repayment of the loan after marriage, and the property right is registered in the name of the down payment party; One is the down payment mortgage of one party before marriage, the joint repayment of the loan after marriage, and the property right is registered in the name of both parties. The different ways to buy a property before marriage are, of course, different in the division of property in a divorce.

The first type of property with a down payment mortgage before marriage, joint repayment after marriage, and property rights registered in the name of the down payment party, how to divide such a pre-marital property in the event of divorce? When the buyer pays the down payment when buying the house before marriage and the loan repaid by the individual before the marriage, the property belongs to the buyer's personal pre-marital property, and the law of our country stipulates that for the property belonging to the individual before the marriage, in principle, it is not allowed to divide the property in the divorce, unless otherwise agreed by the parties. After the buyer gets married, during the existence of the marital relationship, the part of the loan repaid jointly by the husband and wife belongs to the joint property of the husband and wife, and the part of the joint property of the husband and wife can be negotiated by both parties or the court judgment when the property is divided in the divorce.

The second type of property with a down payment mortgage by one party before marriage, joint repayment of the loan after marriage, and property rights registered in the names of both parties, how to divide such pre-marital property in the event of divorce? According to the provisions of China's property law, the property rights of real estate rights such as houses are determined by the registration of real rights, that is, whoever is registered on the house property right certificate is the right holder, who has the ownership of the property right of the house.

Therefore, for the pre-marital property whose property rights are registered in the names of both parties and one party has a down payment before the marriage, it is best to consult a professional marriage lawyer when dividing the divorce, because the property with the down payment of one party before the marriage will involve the deduction of the real estate loan repayment and the division after deduction when the property is divided in the divorce. To sum up, we understand how to divide the premarital property during the divorce due to the different circumstances of each family, and the ways and means of dividing the premarital property during the divorce are also different, so it is necessary to consult a professional marriage lawyer.