What Is an Estate for Years?

Husband and wife's personal property refers to the property owned by the husband and wife within a certain range after the marriage. Generally includes statutory personal property and agreed personal property, specifically, pre-marital property and post-marital property.

[gè rén cái chn]

Pre-marital property of one party

Regarding one's premarital property. in force"

Personal property (Separate Property) refers to

In the event of a divorce, if one party has a difficult life, the other party should provide appropriate assistance from their personal property, such as their house. The 30th Law of the Supreme People's Court on December 24, 2001 defines the difficulties of living as: "depending on personal property and property acquired at the time of divorce cannot maintain the basic standard of living in the local area" and "nothing after divorce" "Residence". At the same time, it is stipulated that the subsidy for one party in need of living should be paid from the other party's personal property in cash and material. For those who have no house after divorce, they can also be the right to use or own the house.

On August 12, 2011, the Supreme People's Court issued a judicial interpretation on certain issues concerning the application of the Marriage Law, explaining that after marriage, a parent who has invested in the purchase of real property for his child and whose property rights are registered in his own child's name shall be considered as the personal property of the spouse .

A total of 19 judicial interpretations were released this time, which came into effect on August 13, 2011. Article 7 of the Judicial Interpretation clearly stipulates that: after the marriage, the property purchased by one parent's parents for the children's property rights and registered in the name of the investor's child may be deemed to be only applicable to the provisions of Article 18 (3) of the Marriage Law. As a gift from one of his children, the real property shall be deemed as the personal property of the spouse. Where the property purchased by the parents of both parties has the property right registered in the name of one of the children, the real estate may be regarded as the share of the two parties' contributions in accordance with their parents

A and B were divorced by the court less than 2 years after the marriage was not solid because of their emotional foundation before marriage. 300,000 yuan in the common property belonged to A, and one house belonged to B. After the divorce, because A could not find a house to live in, he still lived in the house that he shared with B, but lived in a separate room. One year later, A and B remarried. A and B sued for divorce again because they were unable to break in the relationship between husband and wife. B proposes to A to divide 150,000 of the 300,000 yuan that A received last time.

Whether the common property of the couple after the remarriage of 300,000 yuan has become the focus of the court dispute.

B's agent believed that A and B lived in separate houses in their original house after divorce, and then remarried six months later. This sum can be presumed to be the joint property of the couple after remarriage, so B can claim half of his share.

The agent of Party A considered that according to Article 18 of the Marriage Law of the People's Republic of China: "One of the following circumstances shall be the property of one of the spouses: (a) Pre-marital property of one party ..." Interpretation of Certain Issues in the Marriage Law (I) Article 19 states: "Article 18 of the Marriage Law stipulates that the property owned by one spouse shall not be converted into common property of the spouse as the marriage relationship continues. Unless the parties agree otherwise. In this case, when A and B first divorced, the money was owned by A through mutual agreement. After the divorce, the money was issued by A's personal property. Later, no matter how long the remarriage between A and B was after the divorce between the two parties, if A and B did not agree that the property was common property during the marital relationship after the remarriage, it would not change the nature of A's personal property. If B can't show evidence that the sum agreed with A is common property, it can only be regarded as A's personal property. There is no evidence in this case that A and B have this agreement. Therefore, when A and B divorced again, B had no right to ask for the division of A's personal property.

Finally, the court adopted the point of view of A's agent and safeguarded A's legitimate rights and interests.