If the divorce premarital property is divided, how to divide the premarital property before the divo

Legal analysis: The pre-marital property of one party is personal property and cannot be divided in the event of divorce, and the property owned by one of the spouses 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.

If there is no agreement between the parties to the marriage on pre-marital property, pre-marital property is personal property and is not converted into joint property by the continuation of the marital relationship. 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.

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 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 party.

The fruits and natural appreciation of personal property before marriage and after marriage are not part of the joint property of the husband and wife. Therefore, when one party's premarital property is divorced, it is treated as personal property and does not participate in the division.

According to Chinese law, 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.

Therefore, in the event of divorce, only the joint property of the husband and wife is divided, and the personal property of one of the spouses is not divided.

Legal basis] Article 1087 of the Civil Code, in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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: Pre-marital property refers to property acquired by one of the spouses before the marriage. 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. 1. The key to judging whether it is premarital property is that the time of acquisition of property rights is before marriage. If the right to property was acquired before the marriage, but the property was actually taken after the marriage, it is in the nature of pre-marital personal property.

2. The pre-marital property of one of the spouses 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. 3. Where personal property before marriage is naturally damaged, consumed, or lost during the common life after marriage, and one party requests compensation with the joint property of the husband and wife at the time of divorce, it will not be supported.

According to the relevant provisions of the Marriage Law, only the joint property of the husband and wife can be divided, and the personal property before marriage cannot be divided.

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 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 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.

The distribution of pre-marital property in a divorce is as follows:

1. If the husband and wife agree in writing on who owns the property, or orally in oral form, and there is no dispute between the two parties, the divorce shall be handled according to the agreement. However, the agreement to circumvent the law is invalid;

2. The property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife, and the principle of disposing of the joint property shall be followed when dividing it;

3. During the existence of the marital relationship, the demobilization and demobilization expenses received by demobilized and demobilized servicemen shall be divided according to the joint property of the husband and wife if they have been married for more than 10 years. The medical allowance and the production allowance brought back by the demobilized servicemen from the army shall belong to them;

4. The property acquired after marriage that the husband and wife live separately and manage and use separately shall be recognized as the joint property of the husband and wife. When dividing property, the property managed and used separately by each party shall be owned by each of them. If there is a huge difference in the property divided between the two parties, the party who has obtained the excess property shall compensate the other party with the property equivalent to the difference;

5. If you have registered your marriage and have not yet lived together, the gifts and gifts received by one or both parties shall be recognized as the joint property of the husband and wife, and the specific handling shall be considered in the case of reasonable division of property and quantity.

Legal basisArticle 1063 of the Civil Code of the People's Republic of China.

The following property is the property held by 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 searches of property that shall belong to one party.

Legal analysis: pre-marital property does not need to be divided after divorce. The ownership of pre-marital property belongs to the individual, while the joint property of the husband and wife belongs to the husband and wife.

In the event of divorce, only joint property is divided, not individual property. It is only necessary to divide the joint property of the husband and wife. The innocent party can score more.

Legal basis: 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 the agreement fails, the people's court shall make a judgment on Lu Chanchao 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. The rights and interests enjoyed by the husband or wife in the early family land contracting and operation shall be protected in accordance with law.

Pre-divorce property does not participate in the division, and the divided property is joint property. Property acquired before marriage belongs to the individual, and property acquired during marriage generally belongs to the joint property of the husband and wife.

Divorce Property Division:

1. If one of the husband and wife bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation.

2. In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

3. In the event of divorce, if one party has difficulties in living, the other party who can afford it should give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

4. If there is bigamy, cohabitation with others, domestic violence, abuse, abandonment of family members, or other major faults, resulting in divorce, the innocent party has the right to claim damages.

5. Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the other party may receive a small or no share of the joint property of the husband and wife when the divorce divides the joint property of the husband and wife. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

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 should belong to one side.

In the event of a divorce, the property before the marriage is owned by the individual and cannot be divided, unless the parties have agreed. The law stipulates that the personal property of one of the spouses shall not be converted into the joint property of the husband and wife as a result of the continuation of the marital relationship, unless otherwise agreed by the parties. The parties may agree that the pre-marital property shall be owned separately or jointly, or partly separately owned, and partly jointly owned by Kai Tongshu and Xian Zhao.

If pre-marital property is agreed to be joint property, it can be divided according to joint property in the event of divorce.

Legal basis

Civil Code of the People's Republic of China 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 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. Paiyou.

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.