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Anonymous users2024-02-13The man and woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly or partly separately or partly jointly, and at the time of divorce, it shall be seen whether the husband and wife have agreed on the ownership of the real estate, and if there is an agreement that the real estate shall be distributed according to the agreement, if it is agreed that the real estate is jointly owned by the husband and wife, it shall be distributed by the husband and wife through consultation, and if the negotiation fails, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party on the basis of the specific circumstances of the property. If there is no agreement, the property belongs to the man's pre-marital property, and the woman does not participate in the distribution.
Legal basis: Article 1065 of the Civil Code of the People's Republic of China: A man and a woman may agree that the property acquired during the marriage relationship 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 of the Civil Code of the People's Republic of China: 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.
Article 1088:Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, they have the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
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 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 party.
Note: The Civil Code will come into force on January 1, 2020.
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Anonymous users2024-02-121. How to distribute the man's premarital property after the divorce.
1. The man's pre-marital property does not need to be distributed after the divorce. The pre-marital property of one party is the personal property of one of the husband and wife, so the man's premarital property does not need to be distributed after the divorce because it is not the joint property of the husband and wife, and it is directly the personal property of the man.
2. 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 party.
2. If the husband wants to divorce, is the husband's salary considered joint property?
During the existence of the marital relationship, if there is no special agreement, the salary income obtained by either party in the marriage shall be joint property. In the event of a divorce, it should be divided equally. If there is an agreement, then according to the agreement, the other party cannot be divided.
The following property acquired by the husband and wife during the marriage 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 labor remuneration;
2. Income from production, operation and investment;
3. Income from intellectual property rights;
4. Inherited or donated property, except as otherwise provided;
5. Other property that shall be jointly owned.
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Anonymous users2024-02-11The premarital property of one party is the personal property of one of the husband and wife, so the man's premarital property does not need to be distributed after the divorce because it is not the joint property of the husband and wife, and it is directly the man's personal property.
Legal basis: Civil Code
Article 1063 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 obtained 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 party.
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Anonymous users2024-02-10The husband's premarital property is regarded as personal property and is not the joint property of the husband and wife, and shall not be distributed in divorce, unless the husband and wife have agreed otherwise on the premarital property. 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) The first cover of one party is used exclusively for daily use; (5) Other property that shall belong to one party.
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Anonymous users2024-02-09The premarital property of one party is the personal property of one of the husband and wife, so the man's premarital property does not need to be distributed after the divorce because it is not the joint property of the husband and wife, and it is directly the personal property of the man.
Legal basis: Civil Code
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 party.
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