Half-life savings in ashes and a broken marriage of chicken feathers in one place： how to avoid confusion of personal property before marriage？
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How to avoid confusion of personal property before marriage?
"But really, he has never made even a little contribution to the house for more than ten years. Why should he?" A client complained to me during the consultation. Before the marriage, the woman and the man owned several properties in City A. At that time, they were deeply in love. The man planned to develop in City B, and the woman followed. Then she decided to sell the properties under her name for their future expenses in City B, such as food, clothing, housing and transportation. Out of caution, the woman signed a prenuptial property agreement with the man when dealing with the property.
It's a secret that the woman didn't consider the possibility of hotchpot after the property value was converted into deposit. After marriage, the man's nature was revealed. Not only did he cheat in marriage, but he never went out to work in the past ten years. Whether it was the property purchased after marriage, the mortgage after marriage, daily expenses and children's expenses, etc. were all borne by the woman. Later, this ruined marriage finally went to a lawsuit divorce.
Without any contribution, the man advocated dividing the house she bought with the proceeds from the sale of her personal property before marriage. The woman suddenly felt that her half-life savings were gone, lamenting that she was unclear about people and today's situation.
In the face of the client's gaffes, I can only tell her an unacceptable cruel fact with a wry smile while comforting her: although in the legal sense, personal property before marriage will not change its nature because of the change of its value form, however, if the bank account funds that pay for the house purchase after marriage are unclear, including personal deposits before marriage, wages after marriage and other income, and also used for family living expenses after marriage, Because it is uncertain whether the house purchase money spent at this time is the personal property before marriage or the joint property of husband and wife, it will generally be considered as the pre-marriage deposit and the joint hotchpot of husband and wife after marriage, and it is impossible to distinguish the nature of the house purchase money. At this time, the house is at risk of being recognized as the joint property of husband and wife. After listening for a long time without words, the parties finally had to sigh!
Although it is the common wish of couples all over the world to grow old together, it is a pity that people can't predict the future direction of marriage after all. Even if we only focus on the present, it is necessary to learn to protect ourselves, especially the disadvantaged party in marriage and family. We should be cautious about the disposition of personal property after marriage, and try to take some measures to avoid risks in action.
So how to avoid the confusion of personal property before marriage?
The general idea is to "isolate", that is, to clearly cut off the personal property before marriage and the joint property of husband and wife after marriage. Therefore, we should keep the certificate of the transformation of the value form of personal property or the flow of funds in order to prove that this part of the property is not the joint property of husband and wife.
As a kind of money, deposit is one of the most easily confused property types, which needs special attention. If it is a large amount of personal property, such as houses, gold and silver jewelry, it is best to keep the proceeds from the sale in an independent bank account opened by yourself, and at the same time, it is necessary to keep relevant transaction vouchers and transfer contracts.
As for the deposits before marriage, if it is necessary to isolate them, you need to open an independent bank account. When disposing of these personal deposits, if you need to buy a house, decorate, etc., try to carry out circulation transactions through the above-mentioned independent accounts to realize the clarity of capital flow and avoid confusion with married income and family expenses.
In addition, in order to avoid inadvertently changing the nature of the property, husband and wife can also agree on the nature of the property by concluding a pre-marital property agreement or a marital property agreement, and specify the specific situation of the pre-marital personal property at the time of agreement, including its acquisition time, acquisition method, right status, contribution composition, secured loans, etc., so as to avoid various disputes over the nature of the property in the future.
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