I want to divorce, how to distribute the property before the marriage

Divorce treatment of real estate purchased before marriage is mainly divided into the following situations: (1) The purchase of a house before marriage is paid by one party personally. In this case, it is legally the property of the husband and wife, not the joint property of the husband and wife, so it cannot be divided, and the disposition of the property in the event of divorce can only be based on the wishes of the owner.

2) The purchase of a house before marriage is funded by two people. Although they are not yet married, but the two jointly contribute to the purchase of the house, they can divide it, and if there is no agreement on the division method, the proportion of the capital contribution at that time will be followed. (3) One person pays the down payment and repays the loan after marriage.

There are legal provisions that if the party who buys the house before marriage pays the down payment, the part of the down payment belongs to personal property, and the part of the loan repaid after marriage belongs to joint property and should be divided by the husband and wife.

The purchase of a house during the marriage is a joint property owned by the husband and wife, and the personal property of the house purchased before the marriage. If there is a loan after marriage, only the part of the loan after marriage belongs to the husband and wife.

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 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 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 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 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.

Legal Analysis: Personal property before marriage is still owned by the individual after the divorce. One party's premarital personal property will not change its nature because of the existence of the marital relationship, and at the time of divorce, one party Zheng Boshu has no right to demand the division of the other party's premarital personal property.

Therefore, pre-marital personal property is not involved in the division of property in the event of divorce.

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) The property of the willier or the gift contract that is determined 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.

Summary. Dear dear, according to the law, premarital property belongs to personal property, which belongs to each other in the divorce and does not need to be divided.

Hello, according to the law, premarital property belongs to personal property, and it belongs to each other in the divorce, and there is no need to do pre-separation.

Civil Code: Yuanshen 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 to belong to only one party in a will or gift contract; (4) Daily necessities imitated by one side; 5) Other property that shall belong to one side.

Hello, I want to ask my son if he bought the house by hand, and he is not married Yehan, and the house book is my son's name, but the future daughter-in-law will write her name on the house book, is this useful.

In the case of joint property, the marital property is generally divided equally.

Unequal proportional partitions can also be negotiated.

Isn't this a pre-marital property?

Does the name of the family have the full benefit of dividing the property?

Hello. The house has come down with the scriptures.

The addition of each other's names is joint property.

The woman has the right to divide.

However, if you divorce soon after marriage, you can ask the woman to quit the property after giving her some compensation, and if it is sued to the court, your son provides him with the relevant documents to buy the house, and the court will not divide it in half according to the joint property.