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Anonymous users2024-02-08Personal property is the property that has been acquired by the husband or wife before marriage, and China's latest marriage law stipulates that the premarital property of one party belongs to the property of one of the husband and wife. With regard to the acquisition of property of one of the husband or wife, in addition to the provisions of the law, it may also be agreed by the husband and wife on the property before or after the marriage by way of a written agreement, and the property owned by one of the husband or wife, that is, the property of the husband or wife before marriage, can also be called the legal personal property of the husband and wife, and in principle does not need to be divided. Division of joint property for remarriage:
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; 3. Income from intellectual property rights; 4. Property obtained by inheritance or gift (except for property determined in the will or gift contract to belong to only one of the husband or wife); 5. Other property that should be jointly owned. In the case of the division of joint property for remarriage, it is usually done in accordance with the principle of equality between men and women, the principle of taking care of the interests of the children and the woman, the principle of taking care of the innocent party, and the principle of facilitating production and convenient life.
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.
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Anonymous users2024-02-07First of all, there is no concept of divorce. There is only one concept, and that is divorce, not to be confused.
Secondly, after marriage, the children of both parties are the legal children of both parties after the marriage, and there is no essential difference in the legal relationship between them.
Regarding the distribution of property, the husband must prove that he has taken 160,000 yuan or has been approved by the other party, otherwise it is determined according to the joint property of the husband and wife, which is basically half of each.
With regard to children, the man's former children are of the age of majority and are not eligible for a share of property if they are self-sufficient (employed, not disabled); If the woman's previous child is still being raised by the woman until the age of 18, the man is required to pay a certain amount of maintenance every month.
Welcome to the exchange.
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Anonymous users2024-02-06In the second marriage, the children of the other party may not be able to divide the property. Inheritance between stepparents and stepchildren depends on whether a relationship of custody is established. If the stepparents have a stepchild, the stepchild has the right to inherit, otherwise there is none.
According to the provisions of the Civil Code, only stepchildren who have an intellectual relationship with the deceased are legal heirs; A stepchild who has no relationship of support with the decedent is not a legal heir, but a stepparent who is only a direct in-law has no legal rights and obligations.
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Anonymous users2024-02-05Children are not allowed to participate in the division of divorce property, and the joint property of husband and wife should generally be divided equally. In other words, the joint property of the husband and wife is, in principle, divided equally; According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different. Items that belong to the exclusive use of the individual are generally owned by the individual.
Where the husband and wife live separately and manage and use the common property, each of them shall be owned by the managing and using party when it is divided; In the case of a significant difference, the party who has acquired the excess property shall compensate the other party with property equivalent to the difference.
If the marriage has been registered and the payer has not yet lived together, and the bride price is paid in accordance with custom, or if the payment made before marriage causes the payor to have difficulty in living, the other party may be requested to return the bride price at the time of divorce.
If one party operates in partnership with another party with the joint property of the husband and wife, the property may be owned by one party, and the party who receives the property shall compensate the other party equal to half of the value of the property.
In the case of divorce, the husband and wife shall reasonably divide or discount the breeding and planting industries that have no income in the current year, and shall be reasonably divided or discounted in consideration of the interests of the development of production and the management of the business.
The two parties have repaired, renovated, demolished and rebuilt the house owned by one party before the marriage, and the property rights have not been changed at the time of divorce, and the share of the multiplication part belonging to the other party shall be compensated by the owner of the house at a discounted price.
In the case of divorce, if the marriage has not been long, or the other party's life is difficult due to the request for property. It can be returned as appropriate. Where it is difficult to determine whether the nature of the property obtained is a request or a gift, it may be handled as a gift.
Houses jointly owned by husband and wife that are not suitable for use shall be divided among one of the spouses in accordance with the housing situation of both parties and the principle of taking care of and raising children or the innocent party. The party who has been allocated a share of the house shall compensate the other party equal to half the value of the house. The woman should be taken care of when both parties are on the same terms.
Legal Provisions. Article 1087 of the Civil Code [Disposal of the Joint Property of the Husband and Wife in the Event of Divorce] In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two 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. The rights and interests enjoyed by husbands or wives in the contracting and operation of family land shall be protected in accordance with law.
Article 1,000 [Settlement of Joint Debts of Husband and Wife in Divorce] In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.
Hello, happy to answer this question for you. I don't think you should have said yes if you didn't want to go. As a man, if you say yes, you should do it. It is very important to keep your promises.
Article 22 of the Regulations on Population and Family Planning: "A couple who meets one of the following conditions may apply to have another child: (1) only one child, who has been identified as having a non-serious hereditary disability by a medical appraisal institution for sick and disabled children, and is currently unable to grow into a normal labor force or will seriously affect the marriage match; (2) One party is a soldier, armed police, public security policeman's police, or a person who has served in the line of duty as a result of a second-class or higher disability, or one party is the only child of a martyr with only one child; (3) One party is widowed and the other party has not given birth; (4) One party is a divorced person and has only one child or has given birth to two children in accordance with law, and the other party has not given birth; (5) Neither party has given birth, but becomes pregnant after lawful adoption; (6) One party is an only child of two generations, or both husband and wife are only children and have only one child; (7) One party has been engaged in underground operations for more than five consecutive years, and is still engaged in underground operations, and there is only one girl. >>>More
As long as you 2 love each other, love, what's so difficult?
Nowadays, many people are getting married for the second time, so even if you have a child at the age of 55, others will not make fun of you, so you can have one if you like.
Well, the second marriage or a child finds a stepmother, for this child, it is emotionally difficult to accept, but what, if you give him real feelings, you love her with your heart, you and her father raise him together, I think he will slowly accept your people, are in the continuous influence of slowly changing themselves, the original approach, but the child also, positive education of him, let him know how to be grateful, take your time, don't worry, I think the child will accept you.