How to divide premarital property after divorce, and how to divide property before and after divorce

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.

Legal analysisPremarital property refers to the personal property of one of the spouses before the marriage is concluded. 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.

At the time of divorce, only the joint property of the husband and wife can be divided, and the premarital property of one party will not be converted into joint property because of the marriage, so it is still owned by one party at the time of divorce and cannot be divided, but if the husband and wife have an agreement on the premarital property, it shall be performed according to the agreement. In the event of a divorce, if one party is in financial difficulty, the other party shall provide appropriate assistance from his or her personal property, such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Legal basisArticle 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.

Legal Analysis: Pre-marital property, the court will generally rule that it belongs to one party at the time of divorce. Article 1063 of the Civil Code stipulates that the following property shall be 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;

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

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.

Article 1076:Where a husband and wife voluntarily divorce a divorce, 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.

Article 1085:Where children are directly raised by one party after divorce, 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 reasonable demands to the parents to the parents when necessary to exceed the amount originally set forth in the agreement or judgment.

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.

After the divorce, the pre-marital property belongs to the individual and cannot be divided, unless there is an agreement between the parties. The law stipulates that the pre-marital property of one of the spouses shall not be converted into the joint property of the husband and wife by virtue of the continuation of the marriage. Unless otherwise agreed by the parties.

The husband and wife may agree that the pre-marital property of Moqiao shall be owned separately or jointly, or partly separately and partly jointly. If the parties agreed that the prenuptial property would be joint property, it could be divided 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.

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.

If the parties to the marriage have not agreed on the above-mentioned immovable property, according to the above-mentioned provisions of the Marriage Law, the pre-marital property is personal property and is not converted into joint property by the continuation of the marital relationship. However, if you do not have evidence to prove that it is premarital personal property, judicial practice will usually treat it as joint property of the husband and wife. In the case of pre-marital property, in fact, under normal circumstances, it will be recognized as the personal property of one party, so in the case of divorce, the pre-marital property cannot be divided.

However, pre-marital property will actually increase in value after marriage, and this value-added part can be divided in the event of divorce. If there is a dispute over the division of property during the divorce, you can entrust a professional lawyer to help.

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. If the parties to the marriage have not agreed on pre-marital property, pre-marital property is personal property and is not converted into joint property by the continuation of the marital relationship. However, in some cases, if there is no evidence to prove that it is premarital personal property, judicial practice will usually treat it as joint property of the husband and wife.

If one party uses the joint property of the husband and wife to operate in partnership with another party, the property may be divided among one party, and the party who has obtained the property shall compensate the other party equal to half of the value of the property. The means of production, which are the joint property of the husband and wife, may be distributed to the party who has the conditions and ability to operate. The party who receives the means of production shall compensate the other party equal to half the value of the property.

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 an agreement fails, the people's court shall 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 the husband or wife in the contracting and operation of the family's land shall be protected in accordance with law.

The preparation before the divorce mainly includes two things: first, the collection of relevant evidence, and second, the protection of family property. For the vast majority of the parties, because they have no experience in litigation, they do not have the awareness to collect and organize evidence.

However, the court's trial of cases revolves around "evidence", and without evidence, it is often "justified but unable to win the lawsuit". After one party sues, the other party often moves on to the wind and transfers the joint family property. Therefore, before filing a lawsuit, do not startle the snake, and quietly collect and sort out the relevant evidence of the joint property of the husband and wife.

For example, the collection of capital contributions or warrants of the company's shareholders, the collection of relevant financial statements, the opening bank of the passbook, the account number, the shareholder account number of the other party, the copy of the house ownership certificate, the protection of precious gold and silver jewelry, and the invoice or video of the common property of the family. When necessary, litigation preservation measures may even be used.

The Marriage Law stipulates that pre-marital property is personal property and does not participate in distribution. However, this does not apply if both parties voluntarily agree.

Pre-marital property is always personal and is not divided in the event of divorce.

According to the provisions of the new marriage law, pre-marital property belongs to the personal property of one party and will not be divided after marriage.

If the pre-marital property is notarized, it may not be divided, and if it is not corrected, it will belong to the joint property of the husband and wife after three years of marriage.

It's time to get married, if you do a pre-marital property notarization, after marriage, you still say yes.

Judicial Interpretation 1 is Article 19, which states that the 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.

Prenuptial property is personal! Equal division of public property after marriage: including salary, bonus. Production and operation income. Intellectual property income, derived from inheritance or gift, except where it is attributed to only one party in wills and contracts.

When the husband and wife divorce, they can negotiate on the division of premarital property, and if the negotiation fails, the court will usually not dispose of the premarital property, which belongs to their personal property.

Article 19 of the Marriage Law provides that husband and wife may stipulate 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. 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.

If the pre-marital property belongs only to you, the court will generally award it to you at that time.

Marriage money, property, and who will belong to whom in the end after the divorce!

Pre-marital property is not part of the joint property of the husband and wife, so it is not part of the middle division.

Hehe, whoever wants to divorce can get it by walking out of the house by himself, what else is it, no division.

If you have done notarization before marriage, it is whoever it should be. What has not been just is common property.

If notarized belongs to me, if notarized is not notarized, it still has to be divided.

You have the right to divide the property after marriage, but you have no rights before marriage.

If it is notarized before marriage, it is whoever it should be. If there is no justice, it is public property.

Pre-marital property is personal property and is not divided.

It's shared, it's divided, it's what each owns, it's what each owns! Whoever owns the property belongs to whom.

Who's or who's property belongs to the pre-marital property.

Pi Tu personal property before marriage cannot be divided in the event of divorce, unless the owner of the property agrees.

1) One of the parties is hungry for money and property before marriage;

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; Rotten.

(5) Other property that shall belong to one party.

1. Personal property before marriage still belongs to the individual after marriage, and will not become the joint property of the husband and wife, and will not be divided at the time of divorce;

2. Legal basis:

1) "Marriage Law" Zao Qifu (2001 Amendment) Article 18 [Property of one of the husband and wife] 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 injuries sustained by the body;

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 party.

2) Marriage Law (2001 Amendment) Article 39 [Divorce Handling of Joint Property of Husband and Wife] In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

There is no power to divide pre-marital property after divorce.