What is the division method of divorce when one party obtains all property rights before marriage

The common property relationship between husband and wife is based on the existence of the marriage relationship. When the marriage relationship is dissolved, the common property should be divided. Article 39 of the New Marriage Law stipulates the principle of divorce property division, that is, "At the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; if no agreement is reached, the people's court shall make a judgment on the principle of taking care of the rights and interests of children and women according to the specific circumstances of the property." In rural areas, "the rights and interests of the husband or wife in the family land contract management shall be protected according to law."

2024-06-27 10:50:13 835 people helped

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What is the division method of divorce when one party obtains all property rights before marriage

On marry Before the marriage relationship, if one party has fully owned the property, the property will be recognized as the private property of the party divorce It will be owned by the party who obtained its ownership, without any division.
However, if the two parties have a special agreement or expectation on the property, it will be handled as follows:
If it is agreed that the property will still be shared by the couple after marriage, then at the time of divorce, the property should be divided according to the common property during the marriage.
Both parties can reach an agreement on the division by themselves;
If the negotiation fails, the judicial organ will make the final judgment. 《 Civil Code 》Article 1063
The following property is the personal property of the husband and wife:
（1） Party's prenuptial property ；
（2） One party suffers Personal injury Compensation or compensation obtained;
(III) will perhaps Gift contract Property that is determined to belong to one party only;
（4） Daily necessities for one party;
（5） Other properties that should belong to one party.

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