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How to deal with divorce without premarital property notarization

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How to deal with divorce without premarital property notarization


        

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  • 2024-06-15 22:00:01

    The method of divorce without premarital property notarization: if the parties can provide the purchase and sale contract of the property, the chat record involving the ownership of the property, and the parties agree on the ownership of the property in writing and other relevant evidence, the ownership of the property can be confirmed. If it is identified as personal property, unless otherwise agreed, it will not be divided. If it belongs to the joint property of the husband and wife, it will be divided by general agreement, If the agreement fails, the court shall make a judgment according to law.

    Legal basis

    Article 1062 of the Civil Code of the People's Republic of China [Common property of husband and wife] The following property acquired by husband and wife during the period of marriage shall be the common property of husband and wife, and shall be jointly owned by husband and wife:
    (1) Wages, bonuses and labor remuneration;
    (2) Income from production, operation and investment;
    (3) Income from intellectual property;
    (4) Inherited or donated property, with the exception of the third item of Article 1063 of this Law;
    (5) Other properties that should be jointly owned.
    Husband and wife have equal rights to dispose of their common property.

    Article 1063 of the Civil Code of the People's Republic of China [Personal property of husband and wife] The following property is the personal property of one spouse: (1) premarital property of one spouse; (2) Compensation or compensation obtained by one party for personal injury; (3) The property specified in the will or gift contract to belong to only one party; (4) Daily necessities for one party; (5) Other properties that should belong to one party.

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