Enquiring knowledgeable people Inquisitive education Hospital Treasury

How to distinguish the property before and after marriage?

home page

How to distinguish the property before and after marriage?


        

Submit answer
Favorable reply
  • 2024-06-20 08:00:48

    The house purchase contract shall prevail. The property before the marriage certificate is signed on the date of signing, and the property after the marriage certificate is signed on the date of signing. Article 10 of 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 (III): "If one of the spouses signs a real estate sales contract before marriage, pays the down payment with personal property and loans in the bank, and repays the loan with the couple's joint property after marriage, and the real estate is registered in the name of the down payment payer, the real estate shall be handled by both parties through agreement at the time of divorce.
    If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the property right registration party, and the outstanding loans are personal debts of the property right registration party. The amount of money paid by the two parties after marriage and the corresponding property appreciation shall be compensated by one party of property right registration to the other party in accordance with the principle specified in the first paragraph of Article 39 of the Marriage Law at the time of divorce. " Paragraph 1 of Article 39 of the Marriage Law: "At the time of divorce, the joint property of the husband and wife shall be handled by agreement between the two parties; if the agreement fails, the people's court shall make a judgment based on the specific situation of the property and the principle of taking care of the rights and interests of children and women." Extension data: premarital property is a legal term. It 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. Property after marriage refers to all kinds of property obtained by either party of the husband and wife during the duration of the husband and wife relationship. The marital property is not exactly equal to the joint property of husband and wife. For example, according to the judicial interpretation (III) of the Marriage Law, the house bought by one parent for his or her child is the personal property of the child, not the joint property of the husband and wife.

    One***

    2024-06-20 08:00:48

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):