What does premarital property mean

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Pre marital property refers to the property acquired by one spouse before marriage, including movable and immovable property, tangible and intangible property. As long as it is legally acquired, it is protected by law. The premarital property of one spouse shall not be converted into joint property of the couple due to the continuation of the marital relationship, unless otherwise agreed by the parties.

1、 Laws and regulations regarding premarital property

Civil Code of the People's Republic of China

Article 1063: The following property is the personal property of one spouse:

(1) One party's premarital property;

(2) Compensation or indemnification obtained by one party due to personal injury;

(3) Property determined in a will or gift contract to belong only to one party;

(4) Exclusive daily necessities for one party;

(5) Other assets that should belong to one party.

2、 Precautions related to premarital property

1. The key to determining whether it belongs to premarital property is that the acquisition time of property rights is before marriage. If the acquisition of property rights occurred before marriage, but the actual possession of the property occurred after marriage, its nature belongs to pre marital personal property. For example, if one spouse accepts inheritance before marriage and the estate is only divided after marriage, although the estate is actually obtained after marriage, its ownership has already been obtained before marriage, so it should be recognized as one party's premarital property.

2. The premarital property of one spouse shall not be converted into joint property of the couple due to the continuation of the marital relationship. Unless otherwise agreed by the parties.

3. If personal property before marriage is naturally damaged, consumed, or lost in the joint life after marriage, and one party requests compensation with the joint property of the couple during divorce, it will not be supported.

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