Do you need to be assigned to the husband when you divorce the real estate purchased before marriage?

Host in this issue: Zhang Luyao, a reporter from Yangcheng Evening News all -media reporter

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].

Consultant M

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 will face a few questions:

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

Second, the husband and wife have a common bank card, which is an educational fund for children, with more than 100,000 yuan. The man proposed that divorce must be divided into the money in the card. Can he refuse?

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

Senior partner of Beijing Yingke (Guangzhou) Law Firm, Chen Ruiling

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 for attention: What is the common property of the husband and wife? The property system of the husband and wife of the couple is the common system of husband and wife property. Without special agreed and legal provisions, every penny made by any party belongs to the common property of the husband and wife. Therefore, as long as the woman's income repayment loan after marriage belongs to the situation of repaying the loan of the husband and wife's common property, it 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 a child name, 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?

Certificate such as real estate certificates belongs to the woman's personal items, which can be reported to be processed, or the police can be reported. If jewelry jewelery is purchased after marriage and does not belong to dowry, it should be the common property of the husband and wife. The man transferred to the transfer asset without permission. The woman can report to the police to obtain evidence to the court. However, it is difficult to deal with jewelry and jewelry in practice. It is recommended that you keep the purchase and value voucher of this type of property in time, such as purchase records, related certificates, photos, etc.

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