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Does the house bought before marriage count as common property after marriage

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Does the house bought before marriage count as common property after marriage


        

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Favorable reply
  • 2024-06-16 21:01:41

    The house property certificate that the couple bought before marriage and handled after marriage does not belong to the couple's common property. The house belongs to the premarital property of the party who bought the house before marriage.

    Other things that do not belong to the joint property of husband and wife are:

    (1) A party's premarital property.

    (2) Medical expenses, living allowance for the disabled and other expenses received by one party due to physical injury.

    (3) The property that is determined in the will or gift contract to belong to the husband or wife only. Before the marriage of the parties concerned, if the parents contributed to the purchase of a house for both parties, the contribution shall be recognized as a personal gift to their children, except for those whose parents explicitly expressed their donation to both parties.

    (4) Daily necessities for one party.

    (5) Other properties that should belong to one party. It shall include the special property of the husband and wife engaged in occupation, work, part-time study, interest, hobby, etc; Casualty insurance benefits, disability subsidies, medical and living subsidies for servicemen; Subsidies, personal insurance premiums, medical expenses, disability expenses, health care expenses, etc. with personal nature of one party; Honorary prizes, medals, etc. obtained by one party in social contribution; Property agreed by both parties to be owned by individuals.

    Legal basis

    Article 1065 of the Civil Code of the People's Republic of China [Agreed property system between husband and wife] Both men and women may agree that the property acquired during the marriage relationship and the pre marital property shall belong to their own ownership, joint ownership, or part of their own ownership, part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 1062 and 1063 of this Law shall apply.
    The agreement made by the husband and wife on the property acquired during the marriage relationship and the pre marital property shall be legally binding on both parties.
    The husband and wife agree that the property acquired during the marriage relationship shall belong to each other. If the other party is aware of the agreement, the personal property of the husband or wife shall be used to pay off the debts.

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