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Legal analysis: The house bought at the time of divorce is purchased by which party pays for it, then it is determined that the house belongs to which party. Remarriage is already regarded as a new marital relationship, and the house purchased at the time of divorce is regarded as the personal property of the party before the remarriage, and is not regarded as the joint property of the husband and wife after the remarriage.
Of course, if the husband and wife agree to be joint property, it is also valid, that is, the agreement is free. Legal basis: Article 1076 of the Civil Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling. Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted. Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Article 1087: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.
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Pre-marital property is not part of the marital property. You can use the Internet to learn more about the scope of joint property under the law. If you encounter legal problems, you can go to the ** lawyer to consult with the lawyer through the lawyer's sticker.
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A house purchased at the time of divorce cannot be recognized as joint property after remarriage. Community property, i.e. property owned by the husband and wife during their common life, as recognized by law. Property for which both parties have the right to use may be material, financial, or abstract property, and the distribution shall be assessed in accordance with the provisions of the State using the consent measure when the property is distributed.
What are the characteristics of the joint property of the husband and wife.
1. The subject of the joint property of the husband and wife is the husband and wife who have a marital relationship, and the men and women who have not formed a marital relationship, such as unmarried cohabitation, extramarital cohabitation, etc., as well as the husband and woman whose marriage is invalid or annulled, cannot become the subject of the joint property of the husband and wife;
2. The joint property of husband and wife is the property acquired during the existence of the marital relationship, and the property before marriage does not belong to the joint property of the husband and wife. During the existence of the marital relationship, from the date of conclusion of the legal marriage to the date of the death of one of the spouses or the effective date of the divorce;
3. The joint property of the husband and wife shall be the property obtained by both husband and wife or one party, including the property obtained by the husband and wife through labor, as well as other legal property obtained by non-labor income, except for the property directly stipulated by law as personal property and the property agreed by the husband and wife as personal property;
4. Husband and wife have equal ownership of joint property, and both parties enjoy the same rights and bear the same obligations. Husbands and wives have equal rights to dispose of jointly owned property. In particular, unless otherwise agreed, the consent of one of the spouses shall be obtained for the disposition of joint property;
5. If it cannot be proved that the property belongs to one of the husband and wife, it is presumed to be the joint property of the husband and wife;
6. The division of the joint property of husband and wife shall, in principle, be divided equally. According to the actual needs of production and life, the property is to be handled by agreement, and when 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;
7. In the event of the death of one of the husband and wife, if the estate is divided, half of the joint property of the husband and wife shall be divided into the other party, and the rest of the property shall be the estate of the deceased and shall be disposed of in accordance with the relevant laws.
Legal basisArticle 1063 of the Civil Code of the People's Republic of China.
The following property is the personal property of one of the spouses:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 1062.
The following property acquired by the husband and wife during the marriage 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 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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Legal Analysis: It is a joint property.
Legal basis: Civil Code of the People's Republic of China
Article 1000 62 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 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
Article 1063 The following property shall be the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Alter other property that shall belong to one party.
Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before 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.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.
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Summary. It is not part of the joint property. According to Article 36 of the Marriage Law of the People's Republic of China, after the divorce of the husband and wife, each of them has the ownership of the property acquired during the divorce, and the remarriage will not be affected.
Therefore, the house bought after the divorce does not belong to the joint property after the remarriage. <>
We got divorced, and the house I bought on my own in the middle of the process is not considered joint property.
Turn. It is not part of the common property. According to Article 36 of the Marriage Law of the People's Republic of China, after the divorce of the husband and wife, each of them has the ownership of the property acquired during the divorce, and it will not be affected when the remarriage is remarried.
Therefore, the house bought after the divorce does not belong to the joint property after remarriage. <>
We remarried, can we buy another house? Does it affect us to buy another set together?
Extension and supplement: 1. If the house bought after the divorce is bought by one party alone and the other party does not participate, then it still belongs to the personal property of the buyer of the house after the remarriage of Dou Mo and does not belong to the joint property. 2. If the house bought after the divorce is jointly purchased by the husband and wife and both parties participate, then it still belongs to the joint property after the remarriage, and the repentant party has the right to enjoy the house.
We want to buy another house together.
Yes, if you buy a house after remarriage, you can write the other party's name again. However, the house purchased before the remarriage cannot be used as joint property after the remarriage.
Limited to the purchase of flowers. Are we still counting as the first house?
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For example, if a house purchased in full after divorce does not belong to the joint property of the husband and wife, if only a part is paid after the divorce, and the loan is repaid jointly after the remarriage, the part of the loan repayment belongs to the joint property. Article 18 of the Marriage Law provides that any of the following circumstances shall be the property of one of the husband and wife: (1) the premarital property of one party; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side as a result of bodily injury; (3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; 4) Daily necessities for the exclusive use of one side; 5) Other property that shall belong to one side.
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It doesn't belong. After the divorce, the marriage relationship between the two parties is terminated according to law, and the marriage relationship between the two parties after the divorce is personal property and the marriage relationship with the original spouse is remarried from the date on which Bu Bo receives the marriage certificate again. After the divorce, the joint property of the husband and wife has been divided into personal property, and the property purchased by one party belongs to the personal property of one party before marriage, and the personal property before marriage will not be converted into joint property of the husband and wife due to remarriage.
Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; 2) Compensation or compensation received by one party for personal injury; 3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities used by one party for special rolling; 5) Other property that shall belong to one side.
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