Do I still have personal property after marriage?

Once upon a time, most people only cared about how many couples had the same property after marriage. But now, starting from the most important property, the property obtained after marriage is no longer taken for granted by both husband and wife. Therefore, more and more people begin to pay attention to personal property. You can try to answer these questions first: Do you still have personal property after marriage? Do you know what property is shared by both husband and wife? Which ones are yours? Do you know what personal property that originally belonged to you may be converted into the same property as husband and wife? Have you considered how to protect and accumulate your personal property? In this issue of Fazhu Teahouse, let's listen to what our readers, lawyers and judges say! It is not that I am greedy for money, but that property can give me a sense of security. Women Mu Zi and women working in foreign companies are easy to feel insecure. Faced with career, marriage and family, we are always more or less troubled by insecurity. For example, we will worry that we are not beautiful enough, that we are no longer young, that we will lose our charm in front of our husbands, that our marriage will fail, and that we will be hurt. When the sense of security is lacking, we will look for some things and methods to help ourselves, resulting in psychological security dependence, from makeup and beauty to wanting to master more property. I grew up in a single-parent family, and my sense of insecurity may be more serious than the average person. Although my parents tried their best to avoid letting their problems affect me, the shadow of their marriage failure has always been with me. So my attitude towards love and marriage is very cautious, sometimes even to the point of timidity. Imagine that when you have seen things that hurt your loved ones with your own eyes, you are also implicated. Do you feel unsafe if you take this thing home now? My current boyfriend is my former colleague. We graduated in the same year and worked in the same department. A few years later, I found a better opportunity, jumped out of the slot and got a promotion. We were in love for four years and lived together for two years. He mentioned getting married, but I always felt that I was not ready, so I kept putting it off. 20 1 1 "Eleventh" holiday, I went back to my hometown to see my parents, and my parents urged me to get married respectively. Frankly speaking, I am old enough to get married. My boyfriend is a good man. We have been dating for many years. Although there are occasional disputes and contradictions, our feelings are also quite good. Just thinking about getting married and starting a family gives me some confidence. There is another problem that I have never known how to deal with, and that is property. I was 13 years old when my parents divorced. My mother was very unhappy with my father's family because of the house, and she took me to my grandmother's house. Since then, I have often felt very dependent on others. Later, my mother remarried, and I lived in my stepfather's house. This feeling is more serious. Sometimes even taking living expenses from my father feels like giving alms. Perhaps it is for this reason that I care more about property. I have always believed that only when I have the ability to protect myself can I not be hurt by people or things around me. So from small to large, I studied hard, worked hard and made money hard. Now my income is good. A few years ago, when the house price was low, I bought a set of loans, which has appreciated a lot in recent years. Because I live with my boyfriend, I rented out the house, and now I have rent to pay back the loan every month. Plus the deposits in the bank and the stocks I invested in, I also have some property. According to friends, the income after marriage is the joint property of husband and wife. Therefore, my salary, stock income and rent are bound to no longer belong to me alone. Moreover, after marriage, I am using my husband's property to repay the mortgage and speculate in stocks. These are all mine, and my husband has half. I'm afraid it's hard to make it clear. I thought about notarization of property before marriage, and even thought about making a property AA system after marriage. But on second thought, if we can't talk it over, it may hurt our feelings. It's not how greedy I am, but that having my own property really makes me feel safe. I don't consider myself an out-of-touch saint, so there is no need to pretend to be lofty in front of property. I don't want to turn other people's property into my own. I just hope that "mine" will always be "mine". I want to leave my daughter a "personal property", Dong Mei, female, a retired employee of state-owned enterprises. 1980 married, and my husband took me to live with my parents-in-law by bike. Later, my husband's unit was divided into tube-shaped apartments, and our living conditions were initially improved. My daughter was born in a tube-shaped apartment. At that time, people had very little property, so there was no need to divide what was yours and what was mine. We are talking about starting from scratch and working together. Now many families can live a good life, thanks to the joint efforts of husband and wife, my husband and I are like this. We work hard, manage the family diligently, and watch our savings increase little by little. Then, we turned the tube-shaped apartment into a small house, then into a big house, raised our daughter for her to go to college and sent her to get married. When we were young, we lived a life of material deprivation, but this did not affect happiness. Life is getting better and better in middle age, and we also enjoy the wealth created by ourselves. Now that we are old, we still support each other. For us, this is the ideal state of life. But now the marriage of young people seems very different from ours. Economic conditions are getting better and better, and people's property is increasing. Of course, more and more attention is paid to property issues. As parents, we also want our children to have better living conditions, so we try our best to buy a house and a car for them, which has become the habit of the whole society. So many people already have a lot of property when they get married. This should also be one of the reasons why the current marital problems are always related to property, and even more are one of the reasons for caring and hurting feelings. This is not to say that our times were beautiful, when people were noble, but now the world is going downhill. Property is the capital of life. How many people dare to say they don't care? It's just that people in the past didn't have any property and didn't care. Since you have property, it is human nature to care. I care about my daughter's property, teach her life experience, and tell her that women must be able to manage their money and manage their family's money. My daughter got married three years ago, and my son-in-law bought the house. I gave her 0.2 million/200 thousand as a dowry and bought a car for the young couple But now it seems that the car will not drive for a few years, and it will be changed if it is not bad. The dowry of 0.2 million/200 thousand may have long been their daily necessities, furniture and household appliances, but the house was owned by the son-in-law from beginning to end. All parents want their children to have a happy marriage and a harmonious family, and I don't want my daughter to "make money" through marriage. But children's lives are not always as we wish, and people's marriages are becoming more and more unstable, so some things have to be prepared for a rainy day. I have been worried that my daughter has no property of her own now, and she has no confidence and is very wronged. I am most concerned about the property we will leave her in the future. My husband and I only have one child, and now this family business will definitely be left to her in the future. But my husband, a classmate who works in the court, said that the inheritance obtained during marriage is generally the joint property of husband and wife. If the daughter's marriage is stable for a long time, naturally there is nothing to say. But in case she gets divorced, should the old couple's hard-earned property be divided into half by others? We never thought about making a will before, and we also talked about our daughter's generation. Because they are all only children, inheritance will become easier and inheritance disputes will be reduced. But now we've changed our minds. My husband and I reached a * * * understanding, and we must make a will in the future, stating that the property belongs to my daughter alone and leave her a property that belongs only to her. Leave evidence to make an agreement and protect your property. Not long ago, Zhou Xin, a judge of Yixing City Court, Jiangsu Province, came into contact with a typical family property dispute case, which involved the division of personal property before marriage during divorce. Sun Chao and Zhao Mei both had an unhappy marriage before they got married, so they cherish this marriage. Unfortunately, their marriage didn't go as smoothly as expected. Since 2009, the two have often had conflicts due to family chores, which have intensified. 20 1 1 At the beginning of the year, Zhao Mei went to the court to ask for a divorce, and Sun Chao agreed. During the marriage of 10, Sun Chao and Zhao Mei both started their own businesses and bought several houses. There is no dispute about the distribution of these properties, but there are differences on the ownership of a serviced apartment. Sun Chao bought this apartment, but the money came from the house that Zhao Mei bought before marriage. Sun Chao insisted that the apartment belonged to the couple. Zhao Mei said that since the original house belonged to her personally, she only sold the original house after marriage, and then entrusted Sun Chao to buy this apartment with the money from selling the house, so this apartment should now belong to her personally. The court finally supported Zhao Mei's statement. However, although her personal property did not become the property of husband and wife because of her marriage, if she did not keep complete evidence and could not tell where the money for buying the apartment came from, the court would probably decide that the apartment belonged to the husband and wife. After marriage, it is more likely that you will buy a house with your pre-marital savings, or sell your pre-marital property first, and then use the money from selling old houses to buy a new house. In this case, if you want to protect your personal property, you must keep the relevant evidence. For example, when buying and selling, transfer money through a bank to avoid cash transactions, keep sales contracts and bank documents, avoid unnecessary intermediate links, and prevent the chain of evidence from breaking. In addition, there are some special cases of Zhao Mei and Sun Chao. The price of selling her old house is the same as that of buying an apartment, so there is no need to inject additional funds, so once the couple divorce, as long as there is evidence, the apartment can easily be presumed as Zhao Mei's personal property. But if Zhao Mei doesn't have enough money to sell her old house to buy an apartment, she still needs to take some money from her and Sun Chao's property to supplement it. What did Zhao Can May do to keep her personal property? In this case, if Zhao Mei wants to protect her own interests, it is best to indicate that the house belongs to her and Sun Chao when signing the house purchase contract, and indicate their respective share of capital contribution. In addition, they can also sign a marriage property agreement to stipulate the ownership of the apartment. For example, it is stated in the agreement that 80% of the purchase price of the apartment comes from Zhao Mei's personal property before marriage, and the remaining 20% is paid by both husband and wife with the same property. If there is a dispute, the court will also divide the house according to the share in the agreement. Zhao Mei's personal property will not be indistinguishable from the property of husband and wife, which will make him lose something. Make a list of property, and you and I know it. As a lawyer in marriage and family, when consulting and handling cases, he is often asked about the division of property. For example, people who come to consult want to know which family property belongs to them, which belongs to each other and which belongs to husband and wife. Property is probably the most difficult problem to solve in marriage except feelings. Because after marriage, the property of both husband and wife will inevitably be mixed together. It's like two people pouring drinks into the same cup. The wife pours apple juice and the husband pours carrot juice. They can't be separated naturally like oil and water, so in the end, each couple was given a cup of mixed fruit and vegetable juice. If you want to separate apples from carrots again, it will take some effort. At this time, I will make a list of their property. Now I'll make a list for you, too Let's look at what is marital property, what is personal property and what can be transformed. Should be your own, protect it; Don't care what belongs to others, and don't calculate. From beginning to end, husband and wife * * have the same property. The wages, bonuses, business income, royalties, patent fees and other intellectual property rights earned by husband and wife during the marriage relationship, as well as the inheritance and gifts received by others, belong to both husband and wife. It is clear that the first kind of personal property is pre-marital property from beginning to end. The second is the medical expenses and living allowance that one spouse gets because of physical injury. This is compensation for the injured and belongs to him. The third is the fruits and natural appreciation of personal property after marriage. The so-called fruits and natural appreciation are actually the natural growth value of property without artificial management, such as the interest generated by pre-marital deposits after marriage, and the pre-marital real estate appreciates due to rising house prices. The fourth kind deserves special attention, that is, in the will or gift contract, it is clearly stated that only one spouse inherits or gives only one person. If it is not clearly stated, or there is no will and gift contract at all, it is regarded as the joint property of husband and wife. But there is one exception, that is, the house bought by parents for their children and registered in their names. Needless to say, this is the children's personal property. After a couple who are married with personal property, the income from managing the personal property belongs to the joint property of the husband and wife. If a person bought stocks, funds, futures before marriage, or invested in real estate, antiques, etc. And continue these investments after marriage, then the previous principal and income belong to personal property, and the subsequent income is the joint property of husband and wife. This is different from the fruit and natural appreciation mentioned above, because people need to run enterprises and invest time, energy and even new funds, so the proceeds will be owned by the couple. Similarly, the rent obtained by renting personal property is also the property of husband and wife. Because this is also a kind of business behavior. The mutual transformation of personal property and marital property is not static, but can be transformed under certain conditions. The way of transformation is the property agreement between husband and wife, such as premarital property agreement, property agreement between husband and wife, gift between husband and wife, etc. No matter before or after marriage, two people can freely agree on property, and agree that * * * is the same as personal property, or that personal property is the same as * * *. As long as it does not harm the interests of others, it is protected by law. Gifts between husband and wife are even simpler, from jewelry and cash to houses and cars. As long as it can be proved that the other party gave it to him, it is personal property. However, for real estate such as houses, it is necessary to register property rights and add a name to the real estate license. In order to protect personal property from loss, more and more people began to choose premarital property notarization. I agree with this. This way of making a clear agreement on the pre-marital property and debts of both parties through an agreement, and then the notary office proves the authenticity and legality of the agreement, has prevented many property disputes in marriage. Unmarried couples and married couples can apply for notarization of premarital property. Let's start with unmarried couples. Someone once asked me, "Can I go to the notary office to notarize my premarital property without telling my boyfriend?" This is not allowed. The notarization of premarital property must be applied to the notary office at the same time, and the notary office has not handled the notarization of premarital property for one person alone. What about the notarization of married couples' premarital property? For example, if a wife has a suite before marriage and sells it after marriage, the proceeds should be her personal property. After getting this money, if she feels it is necessary, the wife can notarize before marriage. Once there is a dispute, it will be clear whether the money is personal property or * * * property. However, married couples can only notarize pre-marital property, not post-marital property. The process of notarization of premarital property is not complicated: first, they draft a Premarital Property Agreement, stipulate the scope of their respective property and debts, and then they can go to the notary office with relevant property certificates such as the agreement, ID card, real estate license and vehicle registration. The requirements of local notary offices are not uniform, and some also require applicants to prove the source of property, such as submitting a house purchase contract, an effective judgment, a gift contract or a will. In addition, unmarried couples need to go to the police station to issue an unmarried certificate, and married couples should bring a marriage certificate when they go through notarization. As for the "pre-marital property agreement", it is necessary to specify the identity information of the two people, what pre-marital property they have, when they obtained it, in whose name they registered, and who owned it, and even stipulate how to distribute the value-added of these personal properties after marriage. If the other party is in debt before marriage, don't forget to write the debt into the agreement, so as not to pay for the other party for no reason after marriage. And don't worry that you don't have legal knowledge and can't write a good agreement. If the agreement is found to be inappropriate or unclear, the notary will make suggestions to help modify it. In addition, not all pre-marital property needs notarization. Some properties that are easy to explain, such as houses and cars, do not need notarization because they are registered and have clear property rights. However, those properties that are difficult to define, such as jade, antiques, jewelry, deposits, etc. , are still in notarization. Because the owner and the time of acquisition of these things are not as easy to prove as houses and cars, once the divorce is unclear, there is a danger of being classified as * * * property. Some people may think that the notarization of premarital property violates the traditional concept of marriage and family and is opposed. Because entering marriage means that two people devote themselves selflessly and spend the rest of their lives together, and money is a very sensitive topic. Talking about money hurts feelings. Therefore, in the eyes of some people, the notarization of premarital property is not only a sign of lack of confidence in marriage, but also a fuse to destroy the relationship between husband and wife. In fact, this is to reverse the cause and effect. Property notarization is not the cause of emotional breakdown. On the contrary, it can protect you from losing your property after losing happiness. The longer the husband and wife live together, the greater the possibility of property mixing. Without this agreement, couples who could have broken up amicably at the time of divorce would inevitably become enemies because of property problems. If you want to protect your personal property to the greatest extent, I suggest you have a property notarization before marriage. It is equivalent to buying insurance for marriage. And in the face of marriage, there is nothing wrong with reason. However, I hope those couples will never have to produce this notarized document even if they have notarized it. When they are old, they will still be together. Extended reading