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What premarital property


        

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  • 2024-06-22 01:00:57

    Premarital property refers to the property acquired by one spouse before marriage. The premarital property of one spouse, whether movable or immovable, tangible or intangible, will be protected by law as long as it is legally obtained. The key to judge whether it belongs to premarital property is that the property is acquired before marriage. If the property was acquired before marriage, even if the property was actually occupied after marriage, the property is also personal property before marriage. For example, if one of the spouses accepts inheritance before marriage, the inheritance will be divided after marriage. Although the inheritance is actually obtained after marriage, its ownership has been obtained before marriage, so it should be recognized as the premarital property of one party. In addition, the premarital property of one spouse does not change into the joint property of the husband and wife due to the continuation of the marriage relationship.
    Notarization Law of the People's Republic of China
    Article 11 Upon the application of a natural person, legal person or other organization, a notary office shall handle the following notarial matters:
    (1) Contract;
    (2) Inheritance;
    (3) Entrustment, declaration, gift and will;
    (4) Property division;
    (5) Bidding and auction;
    (6) Marital status, kinship and adoptive relationship;
    (7) Birth, survival, death, identity, experience, educational background, degree, position, professional title, and whether there is any criminal record;
    (8) Articles of Association;
    (9) Preservation of evidence;
    (10) The signature, seal and date on the document, and the copy and photocopy of the document are consistent with the original;
    (11) Other notarial matters voluntarily applied for by natural persons, legal persons or other organizations.
    For matters that shall be notarized according to laws and administrative regulations, relevant natural persons, legal persons or other organizations shall apply to a notary office for notarization.
    Marriage Law of the People's Republic of China
    The following property acquired by husband and wife during the period of marriage 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 gift, except as provided in Item 3 of Article 18 of this Law
    (5) Other properties that should be jointly owned.
    Article 19 of the Marriage Law, the husband and wife may agree that the property acquired during the marriage relationship and the pre marital property shall be owned by themselves, jointly, or partly by themselves or partly jointly. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply.

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    2024-06-22 01:00:57

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