On the issue of real estate disputes in which divorce is filed after remarriage

If you have different opinions on the division of property, you can go to the court to sue for divorce, and the court will make a judgment on the joint property of the husband and wife according to the evidence provided by both parties.

Legal analysis: one of the husband and wife signs a real estate sales contract before marriage, pays the down payment with personal property and takes out a loan in the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the party who paid the down payment.

Legal basis: Civil Code of the People's Republic of China Article 1087 In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement fails, the People's Court of Orange and Oak Slag shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

How is the distribution of remarried property regulated

1. How to divide the property that one party obtains full property rights before marriage.

If one party acquires the property before the marriage, the property belongs to the property owner, regardless of whether the full purchase price is paid or not. If part of the purchase price is paid by the joint property after marriage, the party who obtained the property shall compensate the other party when the property is divided in divorce.

2. If one party pays all the house price before marriage and obtains the property right certificate after marriage, who will own the property after the divorce.

Under normal circumstances, if the real estate certificate is obtained after marriage, the real estate belongs to the joint property of the husband and wife. However, in this case, after one party has paid all the money for the house before marriage, the transaction has been completed and the contract has been performed, so even if the property ownership certificate has not been obtained, the property should be recognized as the personal property that one party did not have the property that did not work before the marriage, and the property belongs to the house that was purchased at the time of divorce.

3. One party takes out a loan to purchase before marriage, pays a down payment for personal property, registers the property right in his or her name, repays the loan jointly after marriage, and divides the divorced house.

In this case, one of the husband and wife signs a real estate sales contract before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the real estate is registered and the down payment house is in the name of the house, and the real estate is disposed of by agreement between the two parties at the time of divorce, and if no agreement can be reached, the court may rule that the house belongs to the party with property rights registration. Loans that have not yet been repaid are personal debts of the party whose title is registered. The amount paid by the parties after marriage and the corresponding property appreciation part shall be compensated by one party to the other party when the property rights are registered.

Therefore, at this time, the registered property belongs to the registered party, and the registered party compensates the other party for the joint repayment of the mortgage and the appreciation of the house.

4. How to divide the divorced house if both parties contribute to the purchase before marriage and one party registers the property ownership certificate.

This is the case where it is the most troublesome and the most likely to produce what the general public perceives as unfair. In this case, if the registered party acknowledges the joint contribution at the time of divorce, it can be divided according to the joint property of the husband and wife; If the registered party does not admit that the other party has contributed capital, and the non-registered party has no evidence to prove that he has contributed capital or that the capital contribution is not a gift, the registered property belongs to the registered party, and only compensation will be given to the other party in the event of divorce and division.

5. How to divide the divorced property if one of the parents contributes to the purchase of the house before marriage, and the property right is registered in the name of their children.

If one of the parents contributed to the purchase of the house before the marriage, and the property right is registered in the name of his or her children, the house belongs to the registered party's personal property before marriage, and the other party has no right to request division of the property when the property is divided in divorce.

6. How to divide the house in the event of divorce if one of the parents contributes capital before marriage and the property right is registered in the name of the other party.

In this case, it is generally recognized as the joint property of the husband and wife, and in the case of divorce and division, the unregistered party may request the division of the property.

7. How to divide the divorced real estate if one of the parents contributes capital before marriage and the property rights are registered in the names of both parties.

There is no doubt that the property is the joint property of the husband and wife, and in the event of divorce, it will be divided according to the principle of division of property and in light of the specific circumstances.

If the house is purchased in the name of both husband and wife after marriage, the property right shall be registered in the name of one party and shall belong to the joint property of the husband and wife. After marriage, one party contributes to the purchase of a house and registers the property rights in the name of the individual, which generally belongs to the joint property of the husband and wife. If the husband and wife agree that the property is owned by one person, it shall be the personal property of one of the husband and wife.

According to Article 1062 of the Civil Code, the following property acquired by a husband and wife during the existence of a marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; 3) income from intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Article 1062 of the Civil Code: The following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; 3) income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

1. What I want to ask is if the two of them divorce, is there any dispute about this house?

If the house has been moved to your name, then you are the owner of the house. Others have no claims. Unless the house is the joint property of the husband and wife and is disposed of without the consent of the other party.

2. Do her children have the right to divide the property?

Only if the house is the joint property of the husband and wife can the other party have the right to claim a partition.

3. Will I be involved if I go to court? What will the court do?

If the other party proposes to divide the house, you are the third party in the case. The court will judge the ownership of the house and whether the gift is legal and valid.

Obviously, the house is a marital property, but the house has nothing to do with your grandfather and her after the transfer to you (note: according to the rules of second-hand housing transactions, it is normal for her to agree to the transfer), so you can basically sit back and relax.