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How to define property before marriage and after marriage

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How to define property before marriage and after marriage


        

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  • 2024-06-26 10:00:58

    The way to define pre marital property and post marital property is the time of property acquisition. If it was acquired before marriage registration, it belongs to one party's premarital personal property; If it is obtained after marriage registration, it belongs to the property after marriage. In the absence of special agreement, marital property generally belongs to the joint property of husband and wife. If both parties agree that the premarital property is the joint property of the husband and wife, no matter how long the marriage relationship lasts, its nature will not be transformed into the joint property of the husband and wife, and the other party has no right to request division in divorce.
    If the time of acquisition is after the marriage registration, it belongs to the joint property of the husband and wife, and has the right to require division when the marriage relationship is dissolved. According to the provisions of the Marriage Law, the common property of the husband and wife mainly includes: the salary, bonus, production and business income after marriage, income from intellectual property rights, inheritance or gift income (except for the property determined to belong to the husband and wife only in the will or gift contract), housing subsidies actually obtained or should be obtained by both parties, housing provident fund The pension insurance, bankruptcy resettlement compensation, etc. actually obtained or should be obtained by both parties.
    Legal basis;
    Article 17 of the Marriage Law of the People's Republic of China
    [Joint property of husband and wife] The following property acquired by husband and wife during 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;
    (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 of the Marriage Law of the People's Republic of China
    [Property of one spouse] In any of the following circumstances, it is the property of one spouse:
    (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.

    On***

    2024-06-26 10:00:58

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