Personal property of alleged husband and wife, it is to show both sides of husband and wife is respective before marriage the peculiar of all belongings and individual of other husband and wife. Basis " marriage law " the 18th regulation: Have one of following state, for the belongings of one party of husband and wife, both sides has conventional except additionally:
(One) the belongings before the marriage of one party;
(2) the charge such as cost of the medical treatment cost that one party is obtained because of the body by harm, disabled extra allowance for living expanses;
(3) a Gui Fu decides in will or donative contract or wife the belongings of one party;
(4) articles for daily use of one party appropriative;
(5) other the belongings that ought to put in one party 's charge.
Other ought to put in one party belongings 's charge, should include one party of husband and wife to pursue the appropriative property such as profession, job and amateur study, interest, hobby; Cost of insurance premium of belongings of the grant-in-aid that just has person quality, welfare, person, medical treatment, disable cost, health care cost; A honorary award in the earning in social contribution, medal; Bilateral agreement is an individual all belongings.
Case: After Xiaoli and Xiaochen marriage, xiaoli's elder sister goes abroad, a herself demesne house property demonstrate is donative give Xiaoli. Xiaoli and Xiaochen divorce later, xiaochen puts forward to want to break up Xiaoli the elder sister is donative the house property that gives Xiaoli, the court thinks basis " marriage law " regulation, the house property of small Li Shouzeng should belong to its personal property, cannot regard husband and wife as common property give break up
