Is pre marital property the joint property of the husband and wife after the marriage?

Pre-marital property is generally not the joint property of the husband and wife after marriage, because the personal property of one of the spouses before marriage is not converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless the husband and wife have a property agreement, it is the joint property of the husband and wife that stipulates that the property is jointly owned before and after the marriage.

[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.

Article 31 of the Supreme People's Court's Interpretation (1) 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.

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.

Pre-marital property is not part of the marital property after marriage. The property owned by both parties before the registration of the marriage shall be owned by one party, and the property acquired by one party separately or jointly owned by both parties after the date of marriage registration shall be regarded as the joint property of the husband and wife after the marriage registration, unless otherwise provided or specially agreed by the parties.

What are the characteristics of marital property.

1. The subject of the joint property of the husband and wife is the husband and wife who have a marital relationship, and the men and women who have not formed a marital relationship, such as unmarried cohabitation, extramarital cohabitation, etc., as well as the husband and woman whose marriage is invalid or annulled, cannot become the subject of the joint property of the husband and wife;

2. The joint property of husband and wife is the property acquired during the existence of the marital relationship, and the property before marriage does not belong to the joint property of the husband and wife. During the existence of the marital relationship, from the date of conclusion of the legal marriage to the date of the death of one of the spouses or the effective date of the divorce;

3. The joint property of the husband and wife is the property obtained by both husband and wife or one party, including the property obtained by the husband and wife through labor, and other legal property obtained by non-labor income, of course, except for the property directly stipulated by law as personal property and the property agreed by the husband and wife as personal property.

[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.

1. If the parties do not agree, the premarital property is still personal property, and the marital property will always belong to the joint property of both parties; If agreed, pre-marital property may be converted into joint property of the husband and wife.

2. Article 19 of the Marriage Law stipulates that husband and wife may agree that the property acquired during the marriage relationship and the property before marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. 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.

3. Article 19 of the Judicial Interpretation (II) of the Marriage Law stipulates that a house rented by one party before marriage and purchased with joint property after marriage shall be recognized as the joint property of the husband and wife if the house ownership certificate is registered in the name of one party.

Extended material: How to divide property before marriage and after marriage.

Article 18: 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: Husband and wife 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. 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.

Pre-marital property is not part of the marital property after marriage. Pre-marital property refers to property acquired by one of the spouses before the marriage. 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 and belongs to each individual.

[Legal basis].Article 1062 of the Civil Code【Joint property of husband and wife】The following property acquired by the husband and wife during the existence of the 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;

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 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.

Pre-marital property is not the joint property of the husband and wife after marriage. Community property is the property acquired by both husband and wife during the existence of the marital relationship, that is, the property acquired by either spouse after marriage. Pre-marital property, on the other hand, is property acquired by individuals before marriage, so it is not joint property.

[Legal basis].Article 1062 of the Civil Code of the People's Republic of China 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 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) 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.

Civil Code of the People's Republic of China.

Article 1063 of the Civil Code stipulates that property owned by one of the husband and wife shall not be converted into joint property of the husband and wife due to the continuation of the marital relationship, unless otherwise agreed by the parties.

Article 1063: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 1065:Husbands and wives may stipulate 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. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 1062 and 1063 of this Law apply.

The 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. Where premarital property is naturally damaged, consumed, or lost during the life after marriage, and one party requests compensation with the joint property of the husband and wife at the time of divorce, it is not supported.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China 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, 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.

An individual's pre-marital property can become joint property after marriage. The premarital property of the parties is generally their personal property, but if the parties agree that the property is owned separately or jointly, or partly separately or partly jointly, it shall be enforced in accordance with the agreement as long as it does not violate the law.

[Legal basis].Article 1065 of the Civil Code of the People's Republic of China.

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.

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.

Pre-marital property is not considered joint property after marriage. Laws and regulations: The property of one of the spouses shall not be converted into joint property of the husband and wife due to the continuation of the relationship between the husband and wife. However, unless otherwise promised by both parties.

The parties may stipulate that the property acquired during the subsistence of the marriage and the property before the marriage shall be separately and jointly used or separately owned or partially jointly owned. Commitments should be made in writing, which is legally binding on each other.

The law stipulates: "Civil Code of the People's Republic of China" Article 1065 The parties may agree that the property acquired during the subsistence of the marital association and the property before the marriage shall be separately owned or jointly used or separately owned or partially jointly owned.

Written notice should be used for the undertaking. Where there is no commitment or the commitment is not clear, the requirements of Articles 1062 and 1063 of this method shall apply. The commitment of the husband and wife to the property acquired during the conjugal relationship and the property before the marriage is legally binding on each other.

The husband and wife promise to complete the assets obtained during the existence of the marital relationship, and if the pledgee is aware of the commitment, the property of the husband or the wife shall be repaid with the property of the husband or the wife.

The property belonging to one of the spouses will not be converted into the joint property of the husband and wife simply because of the existence of the marital relationship, as has been made clear in the previous provisions. In addition to the pre-marital property, which is the property of one of the spouses, the items, wills or gifts used exclusively by one party clearly state that only one party inherits or gives to one of the spouses, and these are actually the property of one of the spouses. Due to the nature of the property, if the husband and wife divorce later, they cannot claim division.

Legal Analysis: Property belonging to one of the spouses will not be converted into joint property of the husband and wife because of the existence of the marital relationship, which has been made clear in the previous provisions. In addition to the pre-marital property, which is the property of one of the spouses, the items, wills or gifts used exclusively by one party clearly state that only one party inherits or gives to one of the spouses, and these are actually the property of one of the spouses.

Due to the nature of the property, if the husband and wife divorce later, they cannot claim division.

If the house bought by the parents is part of the joint property of the husband and wife:

1. If the property purchased by one of the parents for their children after marriage is registered in the name of the investor's children, it shall be the personal property of one of the spouses.

Second, if you guess correctly, the house purchased by the parents of both parties is the joint property of the husband and wife, and the real estate can be determined to be jointly owned by the two parties according to the share of their respective parents' contributions.

The Supreme People's Court stipulated in its 1993 judicial interpretation that "the property owned by one party before marriage and jointly used, operated and managed by both parties after marriage, and the house and other means of production of greater value have passed for eight years, and the valuable means of subsistence have passed for four years, may be regarded as the joint property of the husband and wife." ”

This judicial interpretation stipulates that premarital property can be converted into joint property of husband and wife as long as it is jointly used, operated, and managed by the husband and wife and after a certain period of time, which is not in line with the principle of joint ownership after marriage, nor does it conform to the theory of acquisition of ownership, and is suspected of exceeding the authority of judicial interpretation. The amended Marriage Law does not have this practice in judicial practice, and Article 18, Paragraph 1 clearly stipulates that one party's premarital property is personal property.

Legal basis: According to Article 1062 of the Civil Code, the following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and belongs to 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.