On The Ownership Of Pre-marital Property And Post-marital Income

Premarital property is the fixed assets and other types of property enjoyed by both men and women before the marriage relationship is established.It is the main source for the couple to maintain the independence of their personal property in the marriage relationship and the legal content of the couple's personal property.With the development of economy,people's life has been greatly improved.The types and quantities of property owned by individuals are becoming more and more diversified and the forms are becoming more and more diversified.Nowadays,the issue of the ownership of personal property before marriage and after marriage has become more prominent,which has aroused widespread public concern.In this regard,China's "Marriage Law" and its judicial interpretation of the relevant provisions to improve,for the pre-marital property after marriage income attribution problem provides guidance.But how to divide the income according to the income type and how to divide the income has not been clearly defined.Based on the typical disputed cases in judicial practice,this paper makes a comparative analysis of the theoretical disputes on the attribution of premarital and Postmarital benefits of premarital property in terms of legislation and judicial practice both at home and abroad.It defines the premarital property and the post-marital benefits from the aspects of form,types and criteria of identification,and determines the attribution of the benefits.Considerable factors,applicable standards and specific application of different types of income attribution refinement,put forward to improve the pre-marital property after marriage income attribution system,and then provide advice and reference for legislative and judicial practice.