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How to determine the nature of premarital deposit given to the other party after marriage

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How to determine the nature of premarital deposit given to the other party after marriage


        

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  • 2024-06-27 06:00:04

    There is no evidence to prove the purpose for which the premarital deposit was handed over to the other party. The real intention of the parties can be explored through common sense of life. During the duration of the marriage relationship, both parties have no special agreement on property, and the income of each party after marriage is used for the husband and wife to live together. One party will hand over the deposit to the other party for accounting, And living together after marriage is bound to produce property consumption, so the act of delivering premarital deposits to the other party after marriage is regarded as a voluntary view of making premarital deposits available for the joint use of married couples. The most reasonable relevant laws link to the 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 The property that is 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 marital relationship, unless otherwise agreed by the parties, but certain specific opinions of the Supreme People's Court on the handling of property division by the people's court in the trial of divorce cases Article 16 Personal property before marriage is naturally damaged, consumed In case of loss, if at the time of divorce, one party requests to use the joint property of the husband and wife to compensate for the loss, it shall not be supported

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