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How to divide property before marriage and after marriage in the new marriage law

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How to divide property before marriage and after marriage in the new marriage law


        

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  • 2024-06-27 02:00:57

    Generally, pre marital property belongs to the husband and wife's personal property and is owned by individuals. After marriage, if the property belongs to common property, the husband and wife will negotiate to divide it. If the property belongs to personal property, it will be owned by individuals.
    Article 17 of the Marriage Law stipulates that the following property acquired by the husband and wife during their 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;
    (4) Property derived from inheritance or donation, except as provided for in Item 3 of Article 18 of this Law;
    (5) Other properties that should be jointly owned.
    Husband and wife have equal rights to dispose of jointly owned property.
    Article 18 stipulates that under any of the following circumstances, it shall be the property of the husband and wife:
    (1) Premarital property of one party;
    (2) Medical expenses, living allowance for the disabled and other expenses received by one party due to physical injury;
    (3) The property determined in the will or gift contract to belong to the husband or wife only;
    (4) Daily necessities for one party;
    (5) Other properties that should belong to one party.
    Article 39 stipulates that 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 basis of the specific conditions of the property and the principle of taking care of the rights and interests of children and women.
    The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected according to law.

    I***

    2024-06-27 02:00:57

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