After the divorce, the house belongs to the man s personal property before marriage, and the woman s

If you don't notarize your property before marriage, it's considered to be joint after marriage, so you can also get a share of the property.

No matter how many years have passed, the personal property of one of the spouses will not become the joint property of the husband and wife because of the length of marriage, and the two upstairs are not right.

By: Venus Lily - Bangyan Level 12 5-7 20:02

If the house purchased by the husband before marriage is paid in a lump sum, it will remain the man's personal property after marriage and cannot become the joint property of the husband and wife.

by: hu500108 - CEO Level 14 3-15 09:51

First of all, let me explain that the person called "hu500108 - CEO Level 14" is a legally blind character, and I have seen that many of his mistakes are wrong, so don't believe his words. His mistakes can be found in the "Housing Co-ownership Issue" raised by "Just Like Fallen Leaves Drifting - Magic Apprentice Level 1" and the "Zhenglvb - Probationary Period Level 1" Raised by "What are the procedures for buying a second-hand house".

The seller is the original owner of the house, what taxes do I have to pay??? Urgent!!! Yes, he's just bullshit, a legally blind person doesn't understand anything!

It is a scourge for such people to mislead everyone here!

Continuing with your question:

If the property originally belonged to one of the parties before the marriage and was used together for a long time after the marriage, the property should be regarded as the joint property of the husband and wife. The Supreme Court has a judicial interpretation on this issue, but this is a principled provision, and the High Court does not clearly stipulate how long "long-term cohabitation after marriage" should be. In trial practice, it is generally discretionary.

The following is a judicial interpretation of your question:

Letter from the Supreme People's Court on the property originally belonging to one of the spouses before marriage and the husband and wife living together for a long time after marriage shall be regarded as the joint property of the husband and wife.

1 Promulgated by the Supreme People's Court on 28 January 1991.

2 90 Min Ta Zi No. 53.

Jiangsu Provincial High People's Court:

Your court's Su Fa (Min) Fa 1990 Zi No. 104 on the case of Jiang Jiazheng, Jiang Shufang, Xu Wenying and others to analyze the inheritance of property has been received.

After research, we agree with your court's inclined opinion, that is, according to the fact that Jiang Songqin and Xu Wenying lived together for 20 years after they got married, and in accordance with the spirit of Article 12 of the Opinions of our court on several issues concerning the implementation of civil policies and laws dated August 30, 1984, the personal property that originally belonged to Jiang Songqin before marriage should be regarded as the joint property of his husband and wife with Xu Wenying. After Jiang Songqin's death, the part belonging to Jiang Songqin that is divided from the joint property of the husband and wife should be regarded as Jiang's inheritance and inherited by his legal heirs in accordance with the principle of inheritance after inheritance. The specific amount of each inheritance may be determined according to different circumstances.

By: crownking1983 - Tong Sheng Level 1 3-15 18:22

I finally found a rating for it. If it is not notarized before marriage, and it is still his personal property after divorce, then the vast number of good women will suffer too much. Could it be that each of them came from plotting against the man's property, and the man's property deserves special protection?

I was originally on the second floor.

After 3 years of marriage, it is joint property, unless the man has notarized the property before the marriage, and this notarization only needs to be done by one person.

The woman's premarital property, the man can't share it either, what's the loss, you still think about other people's premarital property, don't even think about it.

The house of the husband and wife is the man's pre-marital property, and the woman cannot share it after the divorce.

Unless the husband has purchased the property before the marriage, but the mortgage has not been paid off, and the wife has repaid the debt jointly after marriage, then in this case, the woman can get a share of the property and its appreciation part. As the man's pre-marital property, the house has nothing to do with the woman, and there is no way to share the house, which is the latest provision in the new marriage law, is a protection of pre-marital property, and is also the latest elaboration of the joint property of husband and wife.

In fact, in my opinion, this is a reasonable way of distribution, after all, there will be a return if there is a pay, how can the man's premarital property be given to the woman? This is unreasonable, when two people pay together, the property earned can be distributed, otherwise, any effort can be shared without paying, which changes the nature of marriage, marriage itself is to two people to support each other. It is a process of continuous joint efforts to move towards a better future without giving, but if it comes to the equal division of pre-marital assets, many people may go down the path of improving their financial situation by getting married, which is a bad sign and an immoral process.

In general, the item that premarital property cannot be distributed, which really protects the property holder, and also makes it impossible for those who have a heart to take advantage of it, which is a very good legal regulation, which many people support, and as a premarital property, it really should not be included. It is very unfair and unjust for the premarital property holders, and we also advocate that everyone do property notarization before marriage, so that there will be momentum for the two to move forward in the process of struggling together after marriage.

No. Because the house is the man's pre-marital property and belongs to the man's personal property, the woman cannot get the house after the divorce.

No, you can't. Since it is the man's premarital property, the house still belongs to the man, and the woman has no right to it after the divorce.

No. Because the house is the man's personal property, it cannot be shared.

After a divorce before marriage, the woman cannot participate in the division of property. An individual's pre-marital property cannot be treated as joint property of the husband and wife and cannot be divided. The money saved by the husband and wife after marriage is considered joint property, and the following property acquired by the husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife

1. Salary and bonus; 2. Income from production and operation; 3. Income from intellectual property rights; 4. Property obtained by inheritance or donation; 5. Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property. In any of the following circumstances, it shall be the property of one of the husband and wife:

1. One party's pre-marital property; 2. Medical expenses, living allowances for the disabled, and other expenses obtained by one party due to physical injury; 3. The property that is determined in the will or gift contract to belong to only one of the husband or wife; 4. Daily necessities for one party; 5. Other property that should belong to one party.

Article 1063 of the Civil Code 6868 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 identified in a will or gift contract as belonging to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.

Summary. Hello dear, when the man's premarital property is divorced, the woman generally cannot divide it, except for special agreements between men and women. The pre-marital property shall be vested in the personal property of the husband and wife, and the personal property shall not be divided in the event of divorce, and the other party shall not have the right to request division, and the personal property 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 between the husband and wife.

The house was bought by the man before marriage, and the woman has no right to divide the property after the divorce.

Hello dear, when the man's premarital property is divorced, the woman generally cannot divide it, except for special agreements between men and women. The pre-marital property shall be vested in the personal property of the husband and wife, and the personal property shall not be divided in the event of divorce, and the other party shall not have the right to request division, and the personal property 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 between the husband and wife.

Legal basis: 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 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) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned.

Your understanding is quite correct. The new Marriage Law you are talking about is actually the Judicial Interpretation III of the Marriage Law of the Supreme People's Court guiding judges to hear divorce cases. There are several reasons why the Judicial Interpretation III of the Marriage Law has aroused strong reactions:

First, in 1993, the Supreme People's Court promulgated the Several Specific Opinions on the Handling of Property Division Issues in Divorce Cases by the People's Courts, which stipulates in article 6 that "property owned by one party before marriage and jointly used, operated and managed by both parties after marriage, and houses and other means of production of greater value after eight years, and valuable means of subsistence after four years, may be regarded as joint property of husband and wife." "Second, the Property Law of the People's Republic of China was promulgated in 2007, and the ownership of property rights is statutory, and the personal property of one party before marriage cannot be turned into joint property of husband and wife because it is jointly used by the husband and wife after marriage. Therefore, the Judicial Interpretation III of the Marriage Law promulgated in 2011 must be adjusted in accordance with the Property Law.

The personal property of one of the parties before the marriage does not become joint property unless it is gifted. In the case of divorce, the husband and wife divide the joint property formed during the marriage, but not the personal property before the marriage.

Article 1063 of the Civil Code of the People's Republic of China provides that 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 identified in a will or gift contract as belonging to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party. In the event of a divorce in the first paragraph of Article 1087, 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.