Relevant laws and regulations: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (I).
Article 19 The property owned by one spouse as stipulated in Article 18 of the Marriage Law shall not be converted into the joint property of the husband and wife due to the continuation of the marriage relationship. Unless otherwise agreed by the parties.
Because the property sold was bought before marriage, not before marriage. According to the above explanation, selling after marriage is also personal property.
Extended data:
Case: having a house before marriage, selling it after marriage, or personal property.
Xiaohua bought a house before marriage and registered marriage with Xiaoya in 2009. After marriage, Xiaohua bought and sold the house she bought before marriage for many times, and bought the house she lives in on 20 10. Xiaohua and Xiaoya have decided to divorce because of their emotional disharmony, but there is a huge dispute between them about whether the house belongs to personal property or marital property.
Xiaoya thinks that although Xiaohua bought a house before marriage, its value is not enough to buy the present house. After getting married, Xiaohua has made many transactions on the house, and the huge gains made enable him to buy a bigger house now. Therefore, the house bought after marriage should belong to the joint property of husband and wife, and the house should be shared equally by both parties.
During the trial, Xiaohua argued that her current residence was entirely her own pre-marital house "invested" and Xiaoya didn't contribute, so she didn't agree to share it equally.
The court held that according to the law, the fruits of personal property before marriage, including interest and investment income, should still belong to personal property.
Although the house where Obana Xiaoya lives now was purchased during the marriage, the purchase funds mainly come from the price of Xiaohua's pre-marital house purchase and the income from house sale, which belongs to natural fruits and does not belong to the joint property of husband and wife.
Therefore, the court found that the house involved was a different form of Xiaohua's premarital property, and the ownership could not be changed, so it should be regarded as Xiaohua's personal property. Accordingly, the court ruled that the house involved was owned by Xiaohua.
References:
People's network-having a house before marriage, selling it after marriage, or personal property.