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Can we divide the premarital property equally when divorcing

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Can we divide the premarital property equally when divorcing


        

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  • 2024-06-02 15:00:49

    Premarital property generally belongs to the personal property of one spouse. If there is no special agreement, it will not be changed into the joint property of the husband and wife after marriage, so there is no right to ask for the division of the other spouse's pre marital personal property when divorce.

    Premarital property refers to the property acquired by one spouse before marriage. It includes personal labor income property, inherited or donated property and other legal property 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 acquisition time of property rights is before marriage. If the property right is acquired before marriage, but the property is actually possessed after marriage, its nature belongs to personal property before marriage.

    If the personal property before marriage is naturally damaged, consumed or lost in the joint life after marriage, and one party requests to use the joint property of the husband and wife for compensation at the time of divorce, it shall not be supported.

    [Legal Basis]

    Article 1085 of the Civil Code states that if a child is directly supported by one party after divorce, the other party shall bear part or all of the maintenance fees. The number of expenses to be borne and the length of the time limit shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

    The agreement or judgment mentioned in the preceding paragraph shall not prevent children from making reasonable demands to either of their parents when necessary in excess of the amount originally set in the agreement or judgment.

    Han***

    2024-06-02 15:00:49

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