After remarriage, we consult about property before marriage

Three-quarters and a half of the property belongs to the man's estate, which is inherited by the daughter and stepmother.

Legal basis: Inheritance Law of the People's Republic of China.

Article 10 The inheritance shall be carried out 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.

Article 13: The share of inheritance inherited by heirs in the same order shall generally be equal.

Heirs who lack the ability to work who have special difficulties in life shall be taken care of when distributing the inheritance.

Heirs who have fulfilled the main obligation to support the decedent or who live with the decedent may receive more than one share of the inheritance when the inheritance is distributed.

If an heir who has the ability and the capacity to support does not fulfill his obligation to support, the inheritance shall be distributed without or less.

Where the heirs agree through consultation, it may also be unequal.

Article 14 Appropriate inheritance may be distributed to persons other than heirs who lack the ability to work and have no livelihood who rely on the support of the decedent, or who do not support the deceased more than the heirs.

If the man dies, the stepmother is entitled to inherit a part; Because if the man dies, the property will fall within the scope of the estate.

In the case of the husband's lifetime, according to the Marriage Act, the property before the marriage is still personal property, regardless of the number of years they have lived together.

The property is the joint property of the husband's former marriage, and the husband can acquire a part of it in accordance with the law, for which the remarried spouse and the man's children have equal inheritance rights, i.e. the stepmother has the right to inherit a part of the property.

Lawyer Sun Hongbin.

This house is a joint property owned by the husband and his daughter, not the joint property of the remarried couple.

Lawyer Hou Jianhuai.

Hello, you can consult a lawyer directly**4006180016

Legal analysis: The property before the marriage is blind and after the remarriage is counted as the personal property of one of the husband and wife, and does not participate in the division of the divorce property. According to the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Section, it is stipulated that the personal property of 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.

Legal basis: Article 31 of the Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section: Article 1063 of the Civil Code stipulates that the personal property of 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.

Article 1063 of the Civil Code of the People's Republic of China The following property is the personal property 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 shall belong to one side.

Legal Analysis: Pre-marital property for remarriage is still owned by one party alone. Even if the spouses are divorced, they do not participate in the division of divorce property.

Pre-marital property is personal property after remarriage and cannot be included in the joint property. The other party is not entitled to claim division of property acquired by one party before the second registration of the marriage. Property owned by one of the spouses shall not be converted into joint property of the husband and wife as a result of the continuation of the marital relationship.

Legal basis: 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 pre-marital property of one of the parties;

2) Compensation or compensation obtained by one party for damage caused by a personal bridge;

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.

Legal analysis: After the remarriage of pre-marital property, it is counted as the personal property of one of the husband and wife, and does not participate in the division of divorce property.

According to Article 31 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code on Marriage and Family, Article 1063 of the Civil Code stipulates that the personal property of 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.

According to Article 1063 of the Civil Code, 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 the will or gift contract to be given to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Legal basis: 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 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 31 of the Supreme People's Court's Interpretation of the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 31 of the Civil Code provides that the personal property 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.

Pre-marital property remains in the possession of the individual after the marriage and cannot be divided, unless there is an agreement between the parties. The law stipulates that the personal property of one of the spouses shall not be converted into the joint property of the husband and wife as a result of the continuation of the marital relationship. However, the parties may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly.

The agreement between the parties on the property is legally binding on both parties. Article 1065 of the Civil Code of the People's Republic of China: A man and a woman may agree that property acquired during the existence of the marital relationship and property 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 incurred by the husband or wife during the divorce of one party to the closed house, and the counterpart is aware of the agreement, the personal property of the husband or wife shall be repaid.

First of all, one party's premarital property is generally personal property and cannot be divided as joint property in the event of divorce. Second, after remarriage, the property can be inherited by the son of the former wife or the former husband. Because the divorce of the parents does not affect the inheritance rights of the children to the biological parents.

Article 1066 of the Civil Code Law? During the existence of the marital relationship, under any of the following circumstances, one of the husband and wife may request the people's court to divide the joint property: 1) One party has acts that seriously harm the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or forging the joint debts of the husband and wife at an early stage; (2) A person who has the legal obligation to support the mausoleum suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

In the case of remarriage, if it is a one-time marriage, the pre-marital property generally does not need to be disposed of, but if the pre-marital property is jointly owned by the husband and wife after the marriage, it shall be disposed of in accordance with the divorce agreement or divorce judgment; In the case of a second marriage, the premarital property shall be owned by one party in accordance with the law, but if the husband and wife have signed a written property agreement stipulating that the premarital property shall be jointly owned by the husband and wife after the marriage, it shall be jointly owned by both husband and wife.

[Legal basis].Article 1087 of the Civil Code of the People's Republic of China.

In the event of a 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 shall 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 female party, and the party who is not at fault.

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 31 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

Article 1063 of the Civil Code stipulates that the personal property of 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.

Legal analysis: Remarriage can notarize pre-marital property, and pre-marital property belongs to the property of one party. Article 18 of the Marriage Law stipulates that any of the following circumstances shall be the property of one of the husband and wife:

1) the pre-marital property of one of the parties; (2) Medical expenses and living allowances for disabled persons who have been injured by one side due to 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 assets that should be owned by one party for the sale of the foundation.

Legal basis: 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 for the exclusive use of one side; 5) Other property that shall belong to one side.