New 2018 rules on divorce: 5 types of property are not divided equally, and the spouse directly leaves with nothing

With the continuous development of society, the concept of freedom of marriage has become more and more deeply rooted in people's hearts. Last year, the number of divorced people in our country reached 8.3 million, and this figure is still rising steadily. When a couple's relationship breaks down and they divorce, another point comes into play, namely the division of property. Once the two sides fail to reach an agreement, they can only file a lawsuit in court, and the court will make a judgment in accordance with the Marriage Law and other laws.

Generally, the principle of equal division is chosen for property division, but there are also exceptions. In the following situations, property division will be very different, and one party may be ruled to receive less or even no share.

1. All of an individual's premarital personal property

Before the Marriage Law was amended, if both parties used it jointly for more than 8 years after marriage, it was considered joint property. But after the new Marriage Law took effect, an individual's premarital property always belongs only to that individual. However, many young people choose to notarize their premarital property, which is also a way of being responsible for themselves and their families.

2. Compensation and reimbursement paid to an individual by outside funds

This point is actually easy to understand. For example, compensation for a work-related injury, personal insurance, and the common discharge pay for veterans all belong to the individual's personal property. Even if they are obtained during the existence of the marriage relationship, they are not divided as joint property at divorce.

3. Personal daily necessities

A man's razor. A woman's cosmetics. These all belong to personal property, and the method of equal division will not be adopted at divorce. Of course, in practice, very few people would actually use these for division.

4. Property acquired by one party through inheritance

During the existence of the marriage relationship, if either spouse's parents pass away, the inheritance left behind is personal property, unless the parents clearly state in the will that the inheritance is to be used jointly by both spouses.

5. Property acquired by one party through gift or other legally prescribed circumstances

A very simple example: one party's parents pay the full amount to buy a house and then gift it to their child. Even if the child is married, it still belongs to the child's personal property, and it is not divided equally at divorce.

Property division is a very complicated matter, but if a couple's relationship breaks down and they reach the step of divorce, they can consult a professional lawyer about any questions.

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