Enquiring knowledgeable people Inquisitive education Hospital Treasury

How to distribute premarital property when couples divorce

home page

How to distribute premarital property when couples divorce


        

Submit answer
Favorable reply
  • 2024-06-23 22:00:00

    The distribution of property before marriage at the time of divorce is as follows:
    1. Where there is an agreement, the agreement shall prevail; where there is no agreement, the law shall prevail.
    2. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
    (1) Article 19 of the Marriage Law stipulates that "the property owned by one of the spouses as stipulated in Article 18 of the Marriage Law shall not be converted into the joint property of the spouses due to the continuation of the marriage relationship, unless otherwise agreed by the parties." If the two parties to the marriage have not agreed on the pre marital property, according to the above provisions of the Marriage Law, the pre marital property is personal property, And it will not be transformed into common property due to the continuation of the marriage relationship. That is, after divorce, the premarital property belonging to an individual also belongs to an individual and does not need to be distributed. However, in some cases, if there is no evidence to prove that it is personal property before marriage, judicial practice will usually treat it as joint property of husband and wife.
    3. Other provisions in China's Marriage Law. Article 42 of the Marriage Law stipulates that when one party is in difficulty in life, the other party should give appropriate help from his or her personal property such as housing. The specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):