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How to divide pre marital property after marriage?

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How to divide pre marital property after marriage?


        

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  • 2024-06-23 03:00:48

    In practice, premarital property division mainly includes the following situations:
    1. If the husband and wife agree on the ownership of the property in writing or in oral form, and there is no dispute between them, the divorce shall be handled according to the agreement. However, the agreement to circumvent the law is invalid.
    2. The property acquired by both husband and wife during the duration of the marriage relationship is the joint property of the husband and wife, which shall be divided according to the principle of joint property.
    3. During the duration of the marriage relationship, the demobilization fees and transfer fees received by demobilized and transferred soldiers who have been married for more than 10 years shall be divided according to the joint property of the husband and wife.
    The medical subsidies and production subsidies for returning home brought back by demobilized soldiers from the army shall belong to them.
    4. The property acquired after marriage, which is managed and used separately by the husband and wife living in two places, shall be recognized as the joint property of the husband and wife. When dividing the property, the property under their respective management and use shall belong to their own property.
    If there is a great difference between the properties of the two parties, the party with more property shall compensate the other party with the property equivalent to the difference.
    5. If the marriage has been registered but has not yet lived together, the gifts and gifts received by one or both parties should be recognized as the joint property of the husband and wife, and the source and quantity of the property should be considered in the specific treatment.
    In principle, the properties purchased and used by each party shall belong to each party.

    B***

    2024-06-23 03:00:48

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