Eight years after the divorce of the ex husband, the property is in the name of the ex wife

Ex-husband Eight years after the divorce, part of the property is in the name of the ex-wife, and the husband himself has a part.

Article 39 of the Marriage Law 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 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.

Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties;

If the agreement is not reached, the people's court shall make a judgment.

They should have divided the property before the divorce, so his property has already been divided among his ex-wife, and it is impossible for you to get a share of the property...

How so? As soon as the divorce is divided, the property will be divided, and the property in the name of the ex-wife will not be his property.

Legal analysis: After the parties divorce their ex-husbands, they no longer belong to the relationship between husband and wife. After the death of the ex-husband, whether it is the pre-marital property of the ex-husband or the marital property during the marriage, as long as the property is determined to belong to the ex-husband at the time of divorce, it belongs to the ex-husband's estate.

If the ex-husband had a valid will during his lifetime, it should be handled according to the will; If there is no will, or an estate outside the will, the legal heirs of the ex-husband should be divided by inheritance. In addition, because the party has divorced the ex-husband, he is not the legal heir of the ex-husband, and has no legal inheritance right to the ex-husband's estate.

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

Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 111 The inheritance shall be in the following order and refers to inheritance:

1) First order: spouse, children, parents;

2) Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren.

For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a relationship of support.

After the divorce, the ex-wife is not qualified to divide the ex-husband's property at all, even if there is no divorce, the husband's personal property has nothing to do with Li Wei's wife herself. If the so-called ex-husband's property was originally the joint property of the husband and wife that was not divided at the time of the divorce, and there is evidence that it is not the ex-husband's personal property, he can sue for division. "Circumstances in which the property of the divorce may be divided again:

1. If the parties have a dispute during the performance of the property division agreement, or repentance on the issue of property division, or request to change or revoke the property division agreement, they shall submit it to the court within one year after the divorce by agreement, otherwise the court will make a judgment to reject the claim.

2. For property that has not been properly divided at the time of divorce, it may be requested to divide the property again within two years after the following circumstances are discovered, and if one party conceals, transfers, sells, or destroys the joint property of the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a small or no share. After the divorce, if the other party discovers that he has committed the above acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again. The statute of limitations for a request for the redivision of the joint property of the husband and wife is two years from the day after the discovery of the property by the parties.

3. Property that has not been disposed of at the time of divorce may still be divided after the divorce, and if one party sues for division on the grounds that there is still a husband and wife disturbing the joint property of the old and the elderly that has not been disposed of, after examination, the property is indeed the joint property of the husband and wife that was not involved at the time of divorce and shall be divided in accordance with law.

1. Scope of joint property of husband and wife:

Civil Code (effective as of January 1, 2021).

Article 1062: The following property acquired by the 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 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

According to the provisions of the law, the property acquired by one of the spouses before the marriage is premarital property, and this part of the property is usually recognized as the personal property of the husband and wife. In the event of a divorce in the future, the husband and wife cannot divide this part of the property, and only the part that is recognized as the joint property of the husband and wife can be divided. The scope of personal property after marriage includes:

1. The property owned by the husband and wife before marriage, including the income from personal labor before marriage, inherited or donated property, and other legal income. It also includes property acquired by each of them for the purpose of the marriage before the marriage;

2. Medical expenses and subsidies for returning to their hometowns brought back from the army by demobilized and demobilized servicemen, as well as demobilization expenses and transfer expenses for servicemen who have lived together for a short time after marriage;

3. At the time of divorce, the husband and wife should use their own clothes, daily necessities and professional items. Except, of course, valuables;

4. The property obtained after marriage that is inseparable from the personal identity at the time of divorce, and the intellectual property rights that have not obtained economic benefits;

5. The agreement between husband and wife on property is binding on both parties. It includes legal written agreements and oral agreements that are recognized by both parties as personal property.

1. The process of remarriage.

a) Application. A man and a woman who require marriage registration shall jointly apply to the marriage registration authority of the district or county-level civil affairs bureau (or town people**) where one party has permanent residence with the required documents. Marriage is a kind of legal relationship, and its creation and elimination must go through legal procedures, and remarriage must go through the same formalities as marriage, and must go through the registration formalities at the marriage registration office.

2) Fill in the declaration form. Both parties submit an application in person to the marriage registration authority, and each party fills out a Declaration of Application for Remarriage Registration.

c) Signature. Both parties must sign or fingerprint in person in the "Declarant" column of the Declaration of Application for Registration of Remarriage in the presence of the Registrar of Marriages.

4) Review and registration. The marriage registration authorities shall examine the documents and declarations submitted by both parties, and if the requirements for remarriage registration are met, the registration shall be approved. After the remarriage registration formalities are heard, the original divorce certificate or court judgment (or mediation document) must be revoked and the remarriage registration certificate issued before it can be issued with legal effect.

Article 1074 of the Civil Code stipulates: "After divorce, if a man and a woman voluntarily resume their relationship as husband and wife, they shall go to the marriage registration office to register their remarriage." ”

5) Remarriage registration certificate. After going through the formalities for remarriage registration, the original divorce certificate or court judgment (or mediation document) must be revoked and the remarriage registration certificate issued before it can take legal effect.

Divorce means that you have no relationship with the other party at all, and will no longer appear in the relationship between the other party, and for couples who have been divorced for ten years, of course, you cannot share the property of your ex-wife or ex-husband.

1. There is no relationship of interests, two people come together because of love, combine into a family, and become a community of interests. However, once the divorce will separate the interests of the two people again, and when they divorce from the Belt Clan, they will be clearly and clearly, and there will never be any involvement from now on. For couples who have been divorced for ten years, there will be no interests, and they have no right to divide each other's related property.

2. When two people are still in the validity period of the marriage, they have the right to divide each other's property. As a husband and wife, they are each other's first-order heirs, but once they are not each other's partners, there is no legal effect, then it is impossible to share each other's property. Everyone will take care of the relevant property when they get divorced, and there will be no problems after the divorce.

Especially after ten years of divorce, most people will form other families, will have their own other half, and will no longer have their own place.

3. What is marriage without the protection of the law? Marriage is protected by the laws of the country, and once the other party has anything, it will be related to themselves. The divorce of two people is not a good result, but the divorce due to various reasons, spring separation means that the other party can no longer live with him, can no longer be protected by himself, and will not have any property to do with it.

As a self-conscious person, I think that after the divorce, I should enrich myself and make myself better. After the divorce, you should make your life more colorful, and stop worrying about your ex's property, which is ill-gotten gains.

Impossible, because two people have already divorced and no longer have any relationship, unless the other party has a will, it is impossible.

No. This is because the two of you have been divorced for a long time, and you have passed the legally protected period and sold the flowers, so this situation cannot be lacking in the distribution of property.

No, because you have been divorced for many years, and the two of you have nothing to do with each other anymore, you can't enjoy these properties.

No. After a divorce, the ex-wife is generally no longer able to inherit the ex-husband's estate at the time of legal inheritance, even if it is only partial. If the ex-husband left a will and appointed the ex-wife to inherit the estate, the ex-wife can designate the inheritance according to the will, and not in other cases.

1. Can I let my ex-wife inherit the inheritance?

Ex-wives are not allowed to inherit the estate. Unless the ex-husband has made a will before his death and specifies that the estate will be left to the ex-wife, the ex-wife cannot inherit the ex-husband's estate. Inheritance Order:

1. If there is a will, it will be handled according to the will, and if there is no will, it will be inherited according to the law;

2. Legal order of succession:

1. First order: spouse, children, parents;

2. Second order: siblings, grandparents, maternal grandparents.

After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir to inherit, the second-order succession;

2. Can the inheritance be distributed to the children of the ex-wife?

The inheritance can be left to the children of the ex-wife. The law stipulates that a natural person may make a will to donate his personal property to an organization or individual other than the state, a collective, or a legal heir. A natural person may make a will to designate personal property to be inherited by one or more of the legal heirs.

Therefore, as long as the testator is willing to let the children of his ex-wife inherit his estate, he can make a will to designate his children to inherit it.

3. Can a wife inherit an estate after being forcibly appointed by the Civil Code?

A will may designate an ex-wife to inherit the estate, a natural person may make a will to dispose of personal property in accordance with regulations, and may designate an executor, may make a will to designate personal property to be inherited by one or more of the legal heirs, and may make a will to donate personal property to organizations or individuals other than the state, collectives, or legal heirs.

Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall clearly state the parties' expression of intent to lenient the divorce and their 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.

The people's court hearing a divorce case 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 allowed, the parties have been separated for one year, and one party again initiates a divorce lawsuit, the divorce shall be granted.