Before my wife and I got married, I had a full position in CITIC Securities . At that time, the cost of was 5 yuan per share.
"In the past few years of marriage, the market has been good, and now it has reached 25 yuan per share."
"You said, the 20 yuan that rose after marriage is considered pre-marriage property? Or after-marriage property?"
I laughed: "It depends on the situation!"
"Go to you, what does it mean to depend on the situation!"
"If you are a hardworking person with , you sell when it rises, buy when it falls, and buy when it falls, then this belongs to the investment income and belongs to the joint property of the couple. "
"If you are a lazy person, is never moving, and you have floating profits and losses. Well, it is your personal property before marriage."
Xia Hongyan China Life Insurance
"There is such a thing? Wow, it's troublesome!", "It seems that hard-working people may not be rewarded!
My classmate's example is actually just a small example. In a marriage relationship, after a long period of shared life, it is simply an impossible task to distinguish which personal property is and which are common property. In today's high divorce rate, the risks of family wealth brought by this must be taken seriously.
Before and after marriage property conversion cannot be underestimated
Divorce damages family wealth in various ways. Regardless of the tangled "Chinese-style divorce" such as transfer of property and long-term litigation, even if it is a divorce with a peaceful breakup, there are two common ways to damage family wealth.
The first method is called property division, and strength declines.
In my opinion, it is legitimate to divide the couple's joint property to both the couple during divorce. Just because the property is hard work by the husband, it is not believed that the property has nothing to do with the wife. Since it is a husband, the wife should have a share in the husband's income. However, property division is not as simple as cutting a cake. It is not a one-size-fits-all way to cut half of it. Property division often means that one party has to pay cash to the other party, and it is a large amount of cash.
often means that some common property must be cashed out immediately; it often means that both parties may not reach an agreement on the value of the property. One party says it is worth 30 million, while the other party may think it is worth 20 million; it often means that the control over equity and other properties must be redistributed to reduce one party's voice.
All this will damage the interests of both husband and wife, not just one party’s interests.
Xia Hongyan China Life Insurance
The second method is called pre-marriage property, post-marriage conversion.
According to the Marriage Law , the property of one spouse before marriage is his personal property, while the property obtained after marriage is the joint property of the spouse. This is an ideal state. In real life, pre-marital property often becomes common property. If you divorce, then pre-marital property will be separated by the other party.
For example, the house that the husband buys with the down payment before marriage, even though the husband still pays the loan after marriage, and although the money paid for the loan is earned by the husband, don’t forget that the money earned by the husband at this time is already the common property of the husband. Therefore, once divorced, the house will not be the property of one husband, but will be recognized as the property of both husbands.
For example, the husband already had a house before marriage, but after marriage, the couple wanted to change to a big house, so they sold the small house and added some money to buy it into a big house. Unfortunately, the husband not only cannot prove that the money added is the money before marriage, but there is not enough evidence to prove that the purchase price of the original sale of the small house is used for the money to buy a big house, so he can only suffer a silence. Once the two divorce, the big house may be recognized as the common property obtained after marriage.
For example, the husband set up a company before marriage. After several years of hard work, the company laid the market foundation. Although he did not make money, he had a good prospect. At this time, if the company starts to make money after marriage, the company's valuation will rise, sales will rise, profit will be rich, and large dividends will be paid for . Sorry, although the company was established before the husband's marriage, most of the company's value is formed after marriage, and most of the company's value will be recognized as the joint property of the husband and wife.
All the situations in life will not be as strict as legal terms. Time changes and worldly affairs are unpredictable. All of this will make it difficult to define marriage property. It is impossible to distinguish between pre-marriage property and post-marriage property.
Once divorced, cumbersome procedures and fierce conflicts may force family wealth to be reduced. To avoid these risks, it is obvious that professional and scientific legal tools are needed to manage household property in advance. Because only by making arrangements in advance can we legally isolate and distinguish pre-marital property, and protect various changes in post-marital property. If we wait until the crisis occurs before taking measures, we may be like a person who is already terminally ill, and Hua Tuo may be powerless to do anything again!
The reality that cannot be ignored: the divorce rate has increased continuously for 12 years
Xia Hongyan China Life Insurance
Xia Hongyan China Life Insurance
The "2014 Social Service Development Statistical Bulletin" issued by the Ministry of Civil Affairs shows that in the 12 years from 2003 to 2014, China's divorce rate only rose but did not drop. The number of divorced people in 2014 was about three times that in 2003. Marriage should be happy, but the risk of divorce is also inevitable. What cannot be avoided when divorced is property distribution, which will cause risks to wealth. The continuous increase in divorce rate for 12 consecutive years tells us that divorce is really an easy thing, don’t ignore your future marriage risks!
Xia Hongyan China Life Insurance
