2018 the latest regulation: at the time of divorce, these five types of property will no longer be divided equally and the spouse will leave the house.
With the continuous development of society, the concept of freedom of marriage has become more and more popular. Last year, China's divorce population reached 8.3 million, and this figure is still rising. When the husband and wife's feelings break down, divorce will involve another point, that is, the division of property, once the two sides agree to no result, can only sue to the court, by the court according to the "Marriage Law" and other judgments.
Generally, the principle of equal distribution will be chosen for the division of property, but there will be exceptions. In the following cases, the division of property will be very different, and one party may be judged to have less or even no division.
1. All personal property before marriage
Before the change of marriage law, if the two parties jointly used it for more than 8 years after marriage, it was considered common property. However, after the implementation of the new marriage law, personal premarital property will always belong to individuals, but many young people will choose to notarize premarital property, which is also responsible for themselves and their families.
2. Compensation and compensation from external funds to individuals
This point is actually very easy to understand. For example, if you suffer an industrial injury, you will receive industrial injury compensation, personal insurance, and common veterans 'retirement fees. These are all personal property belonging to the parties concerned. Even if they are obtained during the marriage relationship, they will not be divided into joint property at the time of divorce.
3. Personal daily necessities
A man's razor. Women's cosmetics, which belong to personal property, divorce will not take the way of equal shares, of course, in practice, few people will take a division.
4. Property inherited by an individual
The estate of a parent of either spouse who dies during the marriage is personal property unless the parents expressly state in their will that the estate is intended for the use of both spouses.
5. Property acquired by a party through gifts or other legal circumstances
A very simple example is that one parent buys a house in full and then gives it to their children. Even if they are married, they also belong to their children's personal property, which is not divided equally at the time of divorce.
The division of property is a very complicated matter, but if the couple's feelings break down and they reach the stage of divorce, they can consult a professional lawyer for any problems.
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