Legal public welfare clinic ｜ Can the husband buy a property before marriage, can the husband divide when divorced?

The column of the "Legal Public Welfare Clinic" was co -sponsored by Yangcheng Evening News, Beijing Normal University Criminal Law Science Research Institute, Guangdong Lawyers Association, and Beijing Enterprise Legal Risk Prevention and Control Research Association to provide legal consultation for free. : [email protected].

Host in this issue: Yangcheng Evening News all -media reporter Zhang Luyao poster design: Yangcheng Evening News all -media reporter Chen Qian

Consultant: Miss W

In the past two years, the couple's feelings disheartened due to different places, and the quarrels have continued. They have not seen each other for half a year. Recently, the woman returned home from a foreign country and found that her husband had changed the door of the house. Refuse to contact the woman. At this time, if the woman applies for divorce, she may face a few questions and want to ask a lawyer.

First, the woman has two houses purchased before marriage, and the woman is still returned by the woman independently after marriage. If you divorce, will the husband have the right to divide the house?

The second is that the couple have a common bank card, which is an educational fund for children, with more than 100,000 yuan. The child is now 4 years old. The man's divorce must be divided into the money in the card. Can he refuse?

Third, the real estate certificate and other documents, jewelry jewelry, etc., which are secretly taken away by the man are private items of the woman. Can you call back to the police?

Answer: Attorney Chen Ruiling

Senior partner of Beijing Yingke (Guangzhou) Law Firm, member of the Marriage and Family Law Professional Committee of the Guangdong Lawyers Association

The first question, can the husband buy the real estate before marriage, can the husband be divided during divorce?

First of all, according to the Supreme People's Court's explanation of the marriage and family editor of the "People's Republic of China" (1) Article 78 "The husband and wife signed a real estate trading contract before marriage, pay the down payment with personal property and loans in the bank. If the husband and wife shall repay the loan, the real estate is registered under the name of the down payment payment, the real estate shall be processed by the two parties when the divorce. If the agreement cannot be reached in the previous paragraph, the people's court may determine that the real estate should be registered for one party. For the personal debt of the real estate registration, the payment paid by the two parties after marriage and the appreciation part of the corresponding property shall be based on the principle stipulated in Article 1087 of the Civil Code. Compensation for the other party. " Therefore, the house purchased before marriage and registered under his own name belongs to his own personal property. The ownership of the house can be owned by the woman. The corresponding value -added part belongs to the common property of the husband and wife and needs to be divided to the man.

There is a problem here worthy of attention: What is the common property of the husband and wife? Because the property system of the husband and wife's property in our country is the common system of husband and wife property, that is, without special agreement and legal provisions, every penny earned by any party belongs to belonging to The husband and wife's common property, so the woman's repayment of the loan of the loan after the marriage income is used to repay the loan of the husband and wife's common property, which needs to be divided.

The second question, how should the bank card jointly run by the husband and wife, how should this money divorce?

If this bank card is under the name of the husband and wife, the money in the card still belongs to the common property of the husband and wife, and it can be divided when divorced. But if this bank card is in the name of the child, the money of the card belongs to the husband and wife's gift to the child, and the gift has been fulfilled and it cannot be revoked.

The third question, how should the wife's personal items be taken away by her husband?

Source | Yangcheng Evening News · Yangcheng School

Editor -in -law | Chen Qian

School pair | Zhou Yong

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