What are the provisions for the issuance of property in the full text of the New Marriage Law?

Our country’s marriage law has clear provisions on matters related to marriage and divorce. When divorcing, everyone pays more attention to the research on the distribution of joint property between husband and wife. If the parties involved privately If consensus cannot be reached, it can only be resolved through litigation. Many people want to know what the legal provisions of the new Marriage Law's full text are? 1. What are the legal provisions of the new Marriage Law's full text property? It is the husband and wife who divide property under the Marriage Law. The property is the same between husband and wife, so the division of real estate must first clarify what property is the same between husband and wife and the scope of the property between husband and wife. Having clarified that husband and wife share the same property, let’s talk about how to divide the property under the new marriage law. How to divide the property is divided into the following situations. (1) According to the new marriage law, if one party donates real estate to the other party, how should the property be divided during divorce? Article 6 of "Judicial Interpretation III of the Marriage Law" Before marriage or during the marriage relationship, the parties agree to donate the property owned by one party to the other party. If the donation is revoked before the real estate change is registered, and the other party requests a decree to continue performance, the people's court may handle it in accordance with Article 186 of the Contract Law. At this time, if one party donates real estate to the other party, even if they have been married for many years, as long as the property has not been transferred, the gifting party can revoke the gift. In the event of divorce, the property will still belong to the donating party and will not be divided. (2) According to the new Marriage Law, if one parent contributes money to purchase a house, how should the property be divided upon divorce? Article 7 of the "Judicial Interpretation III of the Marriage Law" of the real estate purchased by one parent for their children after marriage, if the property rights are registered in the name of the investor's children, may the property be divided. According to the provisions of Article 18 (3) of the Marriage Law, it is regarded as a gift only to one of the children, and the real estate should be recognized as the personal property of one spouse. At this time, if the parents of one party contribute money to buy a house after marriage, and the property rights are registered in the name of their children, it is a gift to their children and has no relationship with the other party during the storage period of the marriage. In the event of divorce, it will be regarded as the personal property of one spouse and will not be divided. . (3) According to the new marriage law, if parents of both parties contribute money to purchase a house, how should the divorce property be divided? According to the Judicial Interpretation III of the Marriage Law, if the property rights are purchased by parents of both parties and the property rights are registered in the name of one of the children, the property can be deemed to belong to both parties according to their respective parents’ rights. The share of the capital contribution shall be divided into shares, unless otherwise agreed upon by the parties. For a house purchased with capital contributed by both parents after marriage, regardless of which party the property rights are registered in, the house will be divided according to the share of capital contribution upon divorce. (4) The new marriage law stipulates that if one party purchases a house before marriage, how to divide the property in divorce? "Judicial Interpretation III of the Marriage Law" Article 10: One spouse signs a real estate sales contract before marriage, uses personal property to pay the down payment and obtains a bank loan, and uses the couple's property after marriage ***If the loan is repaid with the same property, and the real estate is registered in the name of the party who paid the down payment, the real estate will be handled by agreement between the two parties in the event of divorce. If an agreement cannot be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the party with the property rights registration, and the unpaid loan shall be the personal debt of the party with the property rights registration. The amount paid by both parties for repaying the loan after marriage and the corresponding increase in property value shall be compensated by the party who registered the property rights to the other party in accordance with the principles stipulated in paragraph 1 of Article 39 of the Marriage Law upon divorce. At this time, for a house purchased before marriage, even if both parties repay the loan together after marriage, the house will be the personal property of one spouse, and the property will not be divided in the event of divorce. (5) According to the new marriage law, if a house is bought in the name of parents, how to divide the property in divorce? Article 12 of "Judicial Interpretation III of the Marriage Law" During the marriage, both parties use the joint property of the husband and wife to purchase a house that participates in the housing reform in the name of one parent. If the property rights of a house are registered in the name of one parent and the other parent claims to divide the house according to the joint property of the couple during the divorce, the People's Court will not support it. The capital contributed when purchasing the house can be treated as a debt. At this time, both parties use the same property to buy a house in the name of their parents. If the property rights are registered in the name of one parent, the property rights of the house belong to the parents. When divorced, it does not belong to the marital property and cannot be divided. It can only be counted as a claim for credit according to the capital contribution. Repay the capital contribution. (6) According to the new Marriage Law, if a house purchased with a mortgage loan is divided, how should the property be divided? The ownership of a house purchased with a mortgage loan is special.

During the marriage, both parties repaid the principal and interest of the bank loan with the same income, so it can only be determined that the current value of the house belongs to the husband and wife jointly. Regarding the separation of house property rights, in practice, when dividing the property owned by husband and wife, the property should be divided equally in principle. According to the actual needs of production and life, the source of property, etc., it shall be handled by agreement between the two parties. According to Article 21 of my country’s Marriage Law Interpretation (II), it only stipulates: “When the parties divorce, if the two parties have a dispute over a house that has not yet acquired ownership or has not yet acquired full ownership, and the negotiation fails, the People’s Court shall not decide the ownership of the house, and shall make a judgment based on the ownership of the house. The actual situation shall be decided by the parties concerned.” However, two situations should be treated differently: First, if one spouse has paid for the house before the marriage, then the house must be the personal property of one spouse before the marriage. Second, after marriage, the mortgage loan repayment of the house is paid jointly by both parties. It should belong to the joint property of both parties and be divided according to the amount of the mortgage. Provisions of the New Marriage Law on the Property of Husband and Wife 2. Article 17 of the Marriage Law of the People’s Republic of China clearly stipulates that the following properties acquired by husband and wife during the marriage relationship shall be owned by the husband and wife jointly: Salary , bonuses; income from production and operation; income from intellectual property rights; property obtained from inheritance or donation; other property that should be owned by the contract. In terms of real estate division under the new Marriage Law, according to the spirit of the Interpretation of the Marriage Law (2), the value-added part is based on the income gained from one party’s personal property investment after the marriage. This kind of income is also regarded as the joint property of the husband and wife by law. Both spouses have equal rights to handle property owned jointly by husband and wife. First of all, the state divides property between husband and wife based on the basic principle of equal distribution between men and women. Of course, if there are some outstanding circumstances, it should also be carried out according to specific matters. For example, one of the parties has Regarding some donations.