On the issue of the division of property in a second married family

A second marriage is a second marriage after marriage, divorce or widowhood. In the case of a second marriage and a second divorce, as in the case of the first divorce, individual property cannot be divided, but joint property can be divided. Personal property for remarriage usually refers to property acquired by one of the spouses before the remarriage.

In principle, the property owned by one of the spouses, i.e. the pre-marital property of one of the spouses, can also be referred to as the legal personal property of the husband and wife, and in principle does not need to be divided. The joint property of remarriage can also be the joint property of the husband and wife, which usually includes: 1. The wages and bonuses received by the husband and wife during the existence of the marital relationship; 2. Income from production and operation.

Article 39 of the Marriage Act provides; In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. According to this legal provision, in principle, the joint property of the husband and wife shall be divided equally at the time of divorce, but in judicial practice, in the division of property, if one party is at fault for the emotional breakdown of the husband and wife, he or she bears the main responsibility, that is, one party has extramarital affairs or bigamy; One party has committed abusive abandonment to another party; One side likes to work hard, has feudal thoughts, and so on. When dividing property, appropriate consideration should be given to the innocent party, and more property should be divided, so as to reflect the protection of the innocent party and the punishment of the at-fault party.

Legal basis: Article 39 of the Marriage Law of the People's Republic of China provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

According to Article 4 of the Regulations on the Administration of Urban Housing Demolition, the term "person to be demolished" in these Regulations refers to the owner of the house to be demolished.

Compensation for house demolition is compensation for the owner of the house. The owner of the compensation is the owner of the original house title deed. If there is any discrepancy between the actual ownership of the house and the property ownership certificate, the property ownership certificate shall prevail (assuming that your father is the only one in the house ownership certificate, the state will compensate your father).

If after the demolition, no money is invested in the new house, that is, there is no subsidy for the cost because the square meter is not enough. In other words, if your father and stepmother's joint property is not used during the demolition process, she will not have her share of the property allocated later.

Husband and wife may agree in writing that property acquired during the marriage and property before marriage shall be owned separately or jointly or partly separately and partly jointly. If there is an agreement, it shall be handled in accordance with the agreement. If there is no agreement or the agreement is not clear, the joint property of the husband and wife shall be disposed of by mutual agreement at the time of divorce; If the agreement is not reached, the people's court will make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman, and it will generally be divided equally.

Of course, if there is evidence to prove that the other party is at fault, the court can be asked to rule that the other party does not divide the property or divides the property less. In addition, it is prudent to distinguish between those that are joint property and those that are individual.

Lack of legal justification:

Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to 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.

Summary. The division of property after the second marriage is to determine the removal of personal property first, and then to divide the marital property equally. The distribution of property after the second marriage is the property owned by one party, that is, the pre-marital property of the husband and wife, which does not need to be divided in principle.

The joint property of a remarriage is usually divided by mutual agreement of the parties, and may also be divided by the court in accordance with the principles of equality between men and women, the principle of taking care of the interests of children and the wife, and the joint property of the husband and wife. The principle of caring for the innocent and the principle of facilitating productive life.

The division of property after the second marriage is to determine the removal of personal property first, or to disturb the equal distribution of marital property. The distribution of property after the second marriage is the property owned by one party, that is, the pre-marital property of the husband and wife, and in principle, it does not need to be divided. The joint property of a remarriage is usually divided by mutual agreement of the parties, and may also be divided by the court in accordance with the principles of equality between men and women, the principle of taking care of the interests of children and the wife, and the joint property of the husband and wife.

The principle of caring for the innocent and the principle of facilitating productive life.

Legal basis: Article 1087, Paragraph 1 of the Civil Code (effective as of January 1, 2021): In the event of a divorce, the joint property of the husband and wife shall be disposed of by the mutual agreement between the parties; If an agreement is not reached, the people's court is to 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.

Summary. Hello, the division of property after the second marriage is as follows, 1Unless otherwise agreed between the husband and wife, the property acquired by one of the spouses before the marriage belongs to the personal property of one of the spouses and the other party has no right to divide it.

2.During the marriage, the property acquired by the husband and wife is the joint property of the husband and wife and may be divided by the parties through negotiation. 3.

If no agreement can be reached through negotiation, in principle, the court will divide it equally, but if one party is in difficulty, the court may take care of the party in difficulty and divide the joint property of the husband and wife.

Hello, the division of property after the second marriage is as follows, 1Unless otherwise agreed between the husband and wife, the property acquired by one party before the marriage belongs to the personal property of one party and the other party has no right to divide it. 2.

During the existence of the marriage, the property acquired by the husband and wife belongs to the joint property of the husband and wife, and can be divided by the parties to the contract. 3.If no agreement can be reached through negotiation, in principle, the court will divide it equally, but if one party is in difficulty, the court may take care of the party in difficulty and divide the joint property of the husband and wife.

Hello, according to Article 12 of the Marriage Law of our country, the property acquired by the husband and wife during the existence of the marriage relationship belongs to the joint property of Hu Judan and his wife. However, if the spouses have reached an agreement on the property of the marital relationship, or if it is personal property according to the law, it is not the joint property of the husband and wife. When dividing the property in a divorce, the parties can reach an agreement through negotiation or divide it in accordance with the law.

If the parties are unable to reach an agreement, they can file a lawsuit with the court, and the court will make a ruling.

Legal Analysis: The distribution of property in a second marriage is the same as that in a first marriage. The parties may divide the property by written agreement. If the parties have not agreed on the distribution of property, it is generally carried out in accordance with the statutory division method, and the joint property of the husband and wife is divided equally.

Legal basis: Article 1065, Paragraph 1 of the Civil Code of the People's Republic of China The first paragraph of the marriage relationship may be agreed upon by a man and a woman that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing.

Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.