When the father remarries, how can he protect himself in advance on the issue of property division?

If your father remarries, there will definitely be a stepmother and a half-brother or sister who will divide the property with you in the future. So in this case, how do you ensure that your interests are not violated?

First of all, don't feel that it is vulgar to talk about money with your father, especially if your father remarries, you have to firmly defend your rights and interests. Don't believe what Lao Shenzi rest assured, you will always be my baby, I will not treat you badly, sometimes these nice words are often not more convincing than real evidence. You have to tell your father that if he thinks he will not treat you badly, then he should sign an agreement on the division of property now to give you peace of mind.

If my father remarries, there will definitely be children in the future, and instead of waiting for that child to grow up, you will tear up for this bit of family property, it is better to hold yourself firmly in your hands now. At least you have the initiative.

Directly ask my father to transfer what you deserve, such as the house, to you. If he doesn't agree, let him notarize a gift contract, so that it will be of little benefit to you when you tear it up in the future. Or let your father prepare a will and have it notarized now.

Before the father remarries, it is necessary to do a good job of notarization of the premarital property to confirm which ones are within the scope of your father's estate and which are the joint property of the husband and wife. In this way, your father's inheritance will go to you, and your stepmother, brother, grandfather, and grandmother (the first heir) will inherit it. If there is a problem in the renegotiation, it is generally divided equally.

Of course, all of the above is when your father is more cooperative and really wants to leave things to you.

Be sure to please your dad, be sure to please your dad!

First of all, you have to determine who your custody is in before your father's remarriage, if you are living with your father, then I suggest that you say it yourself, give your father to often see some stepmother's abuse of children's information, these are available on the Internet, the more miserable the better, take it to him, in fact, parents may not know your little thoughts, but so what, is to let him know that your remarriage has caused a serious impact on my young heart, so you must take a way to redeem, Or give me a reasonable explanation, this can be regarded as a way to exert pressure, or often express something in front of your father about I don't want you to get married, or you use the love of your grandparents to exert pressure, under these pressures, I think any father should reflect, when he reflects to ask your opinion, it is time for you to appear, to be clear, it is basically a fact that your father remarried! Basically, your coquettishness or prayer can't shake him at all, so at this point you should give in, and then go to the conditions, what are the conditions, one is that the stepmother will bully me, and the other is that if you have a little brother and sister in the future, you will not hurt me, even if you love me, you are not my father alone, so that further requires property distribution, before the stepmother enters the door, you must transfer part of the family's property to your name, and the grandparents will be the notary public to take care of it, etc., I think you must not be soft, you must fight if you should fight, otherwise you will really have nothing to do in the future.

The second is that the custody belongs to the mother, because the property has been distributed once during the divorce process, so the mother's share is yours, as for your father's, it is better to fight for more alimony and empty his private money.

Summary. Hello, dear, I am happy to answer for you The father remarried and the children cannot divide the property in advance, but the father can sign a gift agreement with his consent.

Dear, Hello Yechai, I'm glad to answer for you The father's remarried son and friend Chikua cannot divide the property in advance, but the father can sign a good gift agreement with his consent.

Legal Analysis: The father remarries and the children are not allowed to divide the property in advance. However, it is possible to negotiate with the father and sign an agreement for the gift of property that includes the gift of property to the children. Or you can also ask the father to make a will and notarize it.

Legal basis: Article 1123 of the Civil Code of the People's Republic of China shall be handled in accordance with the statutory succession after the commencement of succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; If there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement; Article 1127 The inheritance of the estate shall be in the following order: (1) First order:

with chiropractic couples, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the inheritance begins, the heirs in the first order will inherit, and the heirs in the second order will not inherit; If there is no first-order heir, the second-order heir shall inherit.

Dear, if you don't know anything, you can consult me at any time, as long as you need it, I am always there

Summary. Legal basis: Article 46 of the Civil Code of the People's Republic of China provides that if a natural person falls under any of the following circumstances, the interested party may apply to the people's court for a declaration of death of the natural person:

1) Whereabouts unknown for at least four years; (2) Due to an accident, the whereabouts have been unknown for two years. Article 48 of the Civil Code of the People's Republic of China provides that for a person who has been declared dead, the date on which the judgment of the people's court declaring him dead is rendered shall be deemed to be the date of his death; Where a person is declared dead due to an accident where his whereabouts are unknown, the date of the accident is deemed to be the date of his death. Article 1 of the Interpretation (1) of the Supreme People's Court on the Application of the Inheritance Part of the Civil Code of the People's Republic of China begins when the decedent dies or is declared dead.

Where death is declared, the date of death determined in accordance with Article 48 of the Civil Code shall be the time when the inheritance begins.

Good. Hello, I'm honored to answer for you; The father remarries and the children cannot divide the property in advance; This is because according to the provisions of the Civil Code of Surplus Law, the inheritance begins when the decedent dies physically or is declared dead. In the case of a missing person who has been declared dead, the date of death of the missing person as determined in the court judgment shall be the time when the inheritance begins.

All children whose fathers remarry cannot divide property by inheritance.

Thank you. According to Article 46 of the Civil Code of the People's Republic of China, if a natural person has any of the following circumstances, the interested party may apply to the people's court for a declaration of the death of the natural person

1) Whereabouts unknown for at least four years; (2) Due to an accident, the whereabouts have been unknown for two years. Article 48 of the Civil Law of the People's Republic of China provides that for a person who has been declared dead, the date on which the people's court renders a judgment declaring him dead shall be deemed to be the date of his death; Where a person is declared dead due to an accident where his whereabouts are unknown, the date of the accident is deemed to be the date of his death. Article 1 of the Interpretation (1) of the Supreme People's Court on the Application of the Inheritance Part of the Civil Code of the People's Republic of China begins when the decedent dies or is declared dead.

Where death is declared, the date of death determined in accordance with Article 48 of the Civil Code shall be the time when the inheritance begins.

You're welcome, have any other questions? What are your concerns right now?

Summary. 1. Remarriage can be protected by the signing of a premarital property agreement by both parties, and according to the Civil Code of the People's Republic of China, which came into effect in 2021, the agreement between the husband and wife on premarital property under the condition of voluntary equality is legally binding on both parties.

1. Remarriage can be done by both parties to sign a premarital property agreement to protect premarital property, according to the Civil Code of the People's Republic of China, which came into effect in 2021, the agreement between the husband and wife on premarital property under the condition of voluntary equality is legally binding on both parties.

2. Legal basis: According to Article 1065 of the Civil Code of the People's Republic of China, a man and a woman may agree 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 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 existence of the marriage relationship 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 owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be paid off.

1. How to fight for his property after his father remarries.

Even after remarriage, you can still inherit your father's property. The divorce of parents does not affect the relationship of rights and obligations between parents and children. 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 the heirs who have the ability to support and have the conditions to support do not fulfill their obligation to support, the inheritance shall be distributed without or with a small share.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance of the estate shall be in the following order:

1) First order: spouse, children, parents;

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

After the inheritance begins, the first-order heirs will inherit the succession, and the second-order heirs will 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 dependent relationship.

2. What are the principles for the division of property in divorce?

1. Adhere to the principle of equality between men and women: When dividing common property, both parties should have equal rights, and cannot give one party less or part of his or her property because his or her economic income is lower than that of the disturbance or has no economic income.

2. The Jianxian Li faction adheres to the principle of taking care of the interests of children and women: At present, there is still a certain gap between the economic conditions of women and men in China, and the interests of women and children should be properly taken into account in the division of property, and the party raising minor children should be appropriately given more property.

3. The principle of taking care of the innocent party: if one party commits bigamy, cohabitation with another person with a spouse, commits domestic violence and abuse, or abandons a family member, the innocent party has the right to claim damages. But if you are at fault, it doesn't mean that you will "leave the house".

4. The principle of fairness: the economic interests of the husband and wife should be liquidated at the time of divorce, such as: the contribution of the husband and wife to housework and raising children, the decline of the living standard of one party after the divorce, and the proper placement of the change of wards after the divorce.

5. Respect the wishes of the parties and the principle that property agreements precede the law: citizens have the right to dispose of their own property and can deal with the property issues of both parties in various forms.

If the husband and wife can negotiate and reach an agreement on the property at the time of divorce, they can divorce through agreement, and if they cannot reach an agreement, they can go to the court to divorce through litigation, and at the same time ask the court to make a judgment on the division of the joint property of the husband and wife. If the husband and wife remarry after divorce, the conditions for the second marriage and childbirth are as follows: 1. Neither of the remarried spouses has ever had children.

It is possible to have children. 2. One of the remarried couples has never had children. It is possible to have another child.

Article 1062 of the Civil Code, which came into effect on January 1, 2021: The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) Remuneration for wages, bonuses, and labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Article 1080 of the Civil Code In the event of divorce, the joint property of the husband and wife shall be disposed of by 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.

Distribution of the father's remarried property: The joint property of the father and the remarried spouse shall be divided by agreement between the two parties, and if the agreement fails, the court shall make a judgment according to the specific circumstances of the source 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 personal property of the father before his remarriage shall not be divided in accordance with the law, and after the divorce, the property shall remain owned by the father personally.

Civil Code of the People's Republic of China

Article 1087.

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 woman, 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.

Civil Code of the People's Republic of China

Article 1088.

If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties;

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