After the second marriage agreement divorces, the woman has no property and gives her 300,000 yuan a

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.

Since it is an agreed divorce, and you both have signed an agreement, it is protected by law, and if you do not agree with such a distribution, you can sue the court and ask the court to divide the property.

Hello: According to Article 9 of Interpretation II of the Marriage Law.

Where a man and a woman repent on the issue of division of property within one year of divorce by mutual agreement, and request that the agreement on division of property be modified or revoked, the people's court shall accept it.

Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.

If the "failure to distribute the property of the family, such as the house", is not due to your original intention, but is due to fraud, coercion, etc., by the husband, and the lawsuit is filed within one year after the divorce by mutual agreement, it can be upheld by the court.

According to the Marriage Law and other provisions, after the parties voluntarily register the divorce, the divorce agreement has taken effect, and it is not possible to sue for a new division of property without statutory circumstances.

Zongheng Legal Network-Guangdong Decheng Law Firm-Guizhu Lawyer.

It is necessary to review the specific circumstances, and where there are statutory circumstances such as coercion or concealment, litigation may be filed.

The premise is that the house and the property in the family must be the joint property of your husband and wife before you can sue.

If the husband and wife divorce by mutual agreement, the divorce agreement is only legally binding on both parties and not on the creditors.

Article 25 of Interpretation (II) of the Marriage Law stipulates that: "If the divorce agreement of the parties or the judgment, ruling or mediation document of the people's court has already dealt with the issue of the division of marital property, the creditor still has the right to claim rights against both the man and the woman in respect of the joint debts of the husband and wife." Where, after one party bears joint and several liability for the repayment of joint debts, claims recovery from the other party based on the divorce agreement or the legal documents of the people's court, the people's court shall support it."

Therefore, the division of debts between the husband and wife in the divorce agreement can only have legal effect between the husband and wife, and cannot be used against creditors, and has no external legal effect. Creditors can still claim their claims with the husband and wife as co-defendants.

If the debt occurred during the marriage.

then you need to bear it externally.

The division of property between the parties is valid only for the spouses.

Debts incurred after the divorce are borne by one party.

1. The joint debts during the marriage shall be borne by both husband and wife, and although the debts stipulated in the divorce by agreement shall be borne by the individual in the south, they still have the right to demand the repayment of the debts from the husband and wife relative to the creditors.

2. If the woman's property is repaid to the creditor, it can be recovered from the man.

Hello, for your problem, the lawyer offers the following legal advice:

According to the provisions of our law, debts incurred during the marriage are joint debts, and although the agreement between you is valid, it is not effective against third parties. Debtors can come to you to claim debts.

1.The agreement between the parties on the division of property is valid only for the husband and wife;

2.Debts incurred during the marriage shall be borne jointly by the husband and wife and shall not be liable for changes due to the divorce agreement;

3.If the husband is unable to bear the ability to repay the debt, the repayment shall be made by the property of both parties during the marriage, and the divorce agreement shall not exempt him from the liability for repayment.

Malicious evasion of debts cannot be protected.

Since there is an agreement between the parties that the house will be divided among the woman and the man will bear the debt, the creditor has no right to recover from the woman.

But there will be a problem of property transfer involved, because the debt relationship occurs during your marital care, which means that the house itself should be repaid as a debt payment, and you are afraid that the creditor will break through this point, then your house will be difficult to protect.

In any case, it is most important to move the name of the house to your own name first.

The property rights of the house belong to the woman, and the husband has the right to demand appropriate compensation from the woman if he has evidence to prove that he contributed to the renovation. The parent who does not directly raise the minor child has a legal obligation to pay child support!

It is recommended to entrust a lawyer to assist in the handling.

Hello! I'm a lawyer.

The new law now says that pre-marital property is pre-marital property.

It cannot be converted to a shared based on the time spent together!

According to the new marriage law, as long as the man can prove that it is premarital property, the other party will not be able to share it.

There is only one woman's name on the real estate certificate, which depends on whether it was bought before marriage or after marriage, in principle, what is bought after marriage is joint property, which cannot be invalidated because of an agreement, which is protected by law, and the agreement can of course also be used as a basis, but there are many uncertain factors, and its effect is lower than the former.

It depends on whether the purchase is made within the marriage or outside the marriage, if it is in the marriage, the husband and wife have half of it, and if the purchase is made outside of the marriage, it is only the personal property of the purchaser.

After remarriage, the property belongs to the individual or common part of the remarried couple, and the children have no right to distribute and inherit it until the remarried couple dies. The agreement between the parties on marital property and pre-marital property is legally binding on both parties as long as the intention is true. If there is a will, the inheritance will be executed according to the will.

Inheritance without a will is in the order prescribed by the inheritance law. In accordance with Article 10 of the Inheritance Law, the inheritance shall be in the following order:

Spouse, children, parents. 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. If there is no first-order heir, the second-order heir shall inherit. The term "children" includes legitimate children, illegitimate children, adopted children and dependent stepchildren.

The term "parents" includes biological parents, adoptive parents, and dependent stepparents. The term "siblings" here includes siblings of the same parents, half-siblings, adoptive siblings, and step-siblings who have a dependent relationship. The share of inheritance inherited by heirs in the same order shall generally be equal.

In the case of joint property of husband and wife, half of the marital property shall be separated first, and the remaining half shall be inherited by the spouse, parents and children of the decedent. Legal basis: Article 10 of the Inheritance Law of the People's Republic of China shall be inherited in the following order:

First order: spouse, children, parents. 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. If there is no first-order heir, the second-order heir shall inherit.

The term "children" in this Act includes legitimate children, illegitimate children, adopted children and dependent stepchildren. The term "parents" in this Act includes biological parents, adoptive parents and dependent stepparents. The term "brothers and sisters" in this Law includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

1. When your father remarries, the woman's child has reached the age of 18, which does not constitute a relationship of raising and being dependent, and cannot inherit your father's estate.

2. Where there is an agreement between the husband and wife after marriage, it shall be deemed to be the joint property of the husband and wife. So your stepmother buys a property with joint property, even if it is written in the name of one person, and has half of the property rights of your father, unless your father expressly waives that part of the property.

3. How much is the deposit, your father has the right to know, after all, it is the joint property of the husband and wife, but there is no need to be so rigid, it is best for your father to come forward and solve this matter with your stepmother.

4. As far as you are concerned, you were an adult at the time of your father's remarriage and do not have the right to inherit your stepmother's property for the same reason as 1.

5. For the protection of your father's property, it is recommended to first clarify the existing property (bank account, real estate information), second, your father's personal property before marriage, and third, whether your stepmother has private foreign debts or other property disputes, which may affect the family property.

Hope it helps, if you have any questions, please ask.

The property is the joint property of the father and the stepmother, and the stepmother's son has the right to inherit his mother's property, but not to your father, because when the stepmother remarries your father, although he lives with his mother, he is over eighteen years old and cannot inherit your father's property. It doesn't matter if it's on the same account or not.

1. According to the relevant laws of our country, your stepmother's children have the right to inherit the property belonging to your stepmother, but if they want to inherit your father's property, they must form a dependency relationship with your father, but your stepmother's children have not been raised and educated by your father and have no custody relationship, so they have no right to inherit your father's property. In other words, your stepmother's children have inheritance rights to your stepmother's share of the property.

2. Your stepmother's statement that the property has a part of her children is not valid if she did not give her share to her children or if his children contributed capital when purchasing the property.

3. Your stepmother's child has the right to inherit his mother's share of property, but not your father's property.

4. On the premise that there is no act of gift, your stepmother's children do not have the right to your family property.

5. Even if your stepmother's children are settled in your father's name, the inheritance rights are still different.

I don't know what your dad thinks, alas, ......Why do I consider the situation that no one will take care of you in the next life, and if you don't make trouble, you don't consider the situation of my property. Then I think your stepmother's son is too advantageous, his father can't ignore him, and your father takes care of him, and your stepmother takes care of him... It's not fair...

I want to know how you guys are doing now, and I hate the stepmother you mentioned.

No, pre-marital notarization, or you consult the property notarization, as if this can be notarized is also for you and your mother.

Isn't there a pre-marital property now?