The marriage law has issued new provisions. Whether we can share premarital property depends on these three situations
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The marriage law has issued new provisions. Whether we can share premarital property depends on these three situations
Modern people's thoughts have become more and more advanced, so many young people's views on love and marriage have also changed. In our parents' generation, it is the view that we can only get married once in a lifetime, but now young people will immediately choose to divorce as long as they are unable to live together due to three different views or other reasons. In recent years, more and more people have divorced, and premarital property has become a hot topic. Recently, the marriage law has issued new provisions. Whether we can share premarital property after divorce depends on these three situations.
The first case: the natural value-added part of premarital property after marriage
In fact, the natural value-added part of premarital property refers to that both husband and wife have a property before marriage, and after marriage, the property has not been operated and managed, and naturally increases with the increase of time. These value-added parts are personal property after divorce. The most typical example is the appreciation of real estate. After the house price rises, the house bought before marriage will increase in value. For example, it spent 1 million to buy a house before marriage and rose to 3 million after divorce. Then the increase of 2 million is the natural appreciation part, which can not be divided during divorce. But the premise of this situation is that the house after marriage has not been rented or transformed.
The second situation: premarital property generates income through operation after marriage
This situation is just opposite to the first situation. The income obtained from operation is completely different from natural growth. The difference lies in whether you have paid your own labor. Continue to take the above house as an example. The house was bought for 1 million before marriage, but after marriage, the house was rented out and received 100000 yuan of income every year. Then the 100000 yuan is the operating income. After divorce, both parties can divide the 100000 yuan of income.
The third situation: both natural value-added and operating income
This situation is a mixture of the above two situations. In this case, it should be allocated according to the actual situation. It can be distributed according to the difference between natural value-added and operating income. It can be distributed through mutual negotiation between the husband and wife. If the negotiation fails, it can also be solved through negotiation with relevant departments.
The above three situations are the division of premarital property that often occurs after divorce. If friends have different ideas or don't understand, you can also leave a message in the comments to discuss with you.
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