Is the property of remarriage after divorce counted as pre marital property?

Nowadays, there are many reasons for divorce, some people remarry soon after divorce, because the original joint property of the husband and wife has been disposed of at the time of divorce, so how to calculate the joint property of the husband and wife after the remarriage of the original divorce agreement has been disposed of has caused many troubles, so many parties come to consult me about this problem, after years of experience, I personally think that whether it is a divorce by agreement or a divorce by litigation, the joint property of the husband and wife has been disposed of at the time of divorce. The ownership of the joint property of the husband and wife that has been disposed of after the divorce of the parties shall be determined in accordance with the result of the disposition. After remarriage, the property that has been disposed of at the time of the previous divorce shall belong to the pre-marital property of both parties, and whether it is owned by one party or jointly owned by both parties depends on the result of the disposition of the property at the time of the previous divorce. According to the Marriage Act:

Husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be separately or jointly owned or partly separately and partly jointly owned. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 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 binding on both parties. The property of divorce and remarriage shall be determined according to the result of the disposition of the property at the time of divorce, and in principle, it shall be calculated according to the pre-marital property of one party. Legal basis:

Article 19 of the Marriage Law of the People's Republic of China provides that husband and wife may stipulate that the property acquired during the existence of the marital relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 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 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

1. If a person remarries after divorce, the premarital property shall be determined according to the time of remarriage, that is, the property before the remarriage shall belong to the individual's premarital property.

2. Property before remarriage includes personal property before the first marriage, as well as property distributed at the time of divorce.

Legal Analysis: Divorce and remarriage, the property divided at the time of divorce belongs to pre-marital property. Because divorce terminates the marital relationship, the marital relationship formed by remarriage does not have a legal continuity, but is two acts, and they are two independent marital relations.

The clauses in the divorce agreement on the division of property or the agreement reached by the parties on the division of property as a result of the divorce are legally binding on both the man and the woman.

Legal basis: Article 79 of the Civil Code of the People's Republic of China.

Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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.

Legal Analysis: After divorce and remarriage, the previous property belongs to the personal pre-marital property.

Legal basis: Article 1063 of the Civil Law of the People's Republic of China The following property is 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) Other property that should belong to one party. Chang state.

Property before divorce and remarriage is considered pre-marital property. The clause on the division of property in the divorce agreement or the agreement reached by the parties on the division of property as a result of the divorce is legally binding on both the man and the woman. Therefore, the property has been agreed to be owned by one party at the time of divorce, and even if it is a remarriage, it belongs to the personal property of this party, not the joint property of the husband and wife.

The scope of property acquired by the husband and wife during the existence of the marital relationship and which shall be jointly owned by the husband and wife is stipulated, that is, the following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife.

Civil Code of the People's Republic of China

Article 1063.

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 1064.

Debts incurred by the husband and wife as a joint signature or a subsequent recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Remarriage is also marriage, and it is necessary to obtain a new marriage certificate, which is legally no different from the first marriage. As long as it is personal property before marriage, it will remain personal property after remarriage. 1. Is the property of remarriage after divorce considered pre-marital property?

Remarriage is a legal act, and if a man and a woman voluntarily request the restoration of their relationship after divorce, it means that the relationship between the parties has not completely broken down, or that the cause of divorce has been eliminated. In this case, the law allows the parties to re-establish the marriage. However, marriage is a legal relationship, and its creation and elimination must go through legal procedures, and the postponement of marriage in the plural must go through the same formalities as the formalities to be fulfilled for marriage, and it must go through the formalities of registration with the marriage registration office.

The original divorce certificate or court judgment (or mediation letter) shall be returned for revocation, and a remarriage registration certificate shall be issued to restore the legal relationship between husband and wife. According to the relevant provisions of the interpretation of the Bi Liang Court of the Supreme People's Republic of China on several issues concerning the application of the "Marriage Law of the People's Republic of China", the property owned by one of the husband and wife shall not be converted into the joint property of the husband and wife due to the continuation of the marital relationship. Unless otherwise agreed by the parties.

Therefore, the property that was divided before the remarriage is still the pre-marital property of the party and will not be reverted to the joint property of the husband and wife due to the restoration of the marital relationship. Unless, at the time of remarriage, the parties have made a special agreement on property.