The distribution of property in the second marriage, how to distribute the property in the second ma

1. If the repayment date is after marriage, it is considered a joint debt, and the husband can be required to pay half;

2. Common property, divided equally;

3. Before marriage, the woman's investment in the company is counted as pre-marital property, but the money or debts lost after marriage are shared equally between the two parties;

4. Come to mix points.

How to distribute property in the first and second marriages.

1. The method of distribution of property in the second marriage is as follows:

1) The parties should first distinguish whether the marital property belongs to one party or the joint property. The property of one spouse is owned by one of the spouses, and the other spouse has no right to divide it;

2) The husband and wife may first negotiate to divide the joint property of the husband and wife;

3) If the negotiation fails, the court shall make a judgment based on the rights and interests of the defender who takes care of the children, the woman, and the party who is not at fault.

2. 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 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 management of family land shall be protected in accordance with law.

2. What is the process of handling a divorce?

The process of going through a divorce is as follows:

1. Divorce by agreement with high potato handling process:

1) Prepare divorce-related documents;

2) Prepare divorce-related materials;

3) The husband and wife must go to the civil affairs bureau of the area where the permanent residence address of the parties is located to go through the divorce procedures;

4) The personnel of the Civil Affairs Bureau will review the materials and take back the marriage certificate. and issue a divorce certificate to the parties.

2. Litigation and divorce process:

1) to file a lawsuit;

2) court hearings;

3) Judgment.

2. Adhere to the principle of taking care of the interests of children and women.

3. The principle of taking care of the innocent party: 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 in the event of divorce.

5. Respect the wishes of the parties and the principle that property agreement precedes the law: if the two parties reach mediation at the time of divorce, they can agree on how to divide the property.

Legal basis: According to Article 1087 of the Civil Code of the People's Republic of China, the joint property of the husband and wife shall be disposed of by agreement between the two parties in the event of divorce; 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.

Legal analysis: 1. The personal property before marriage belongs to the personal property of the husband and wife, and it is not divided in the event of divorce;

2. The joint property of remarriage can also be the joint property of the husband and wife, usually including:

1) 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 acquired 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 shall 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.

3. If the remarried couple has made an agreement on the marital property, the divorce can divide the property according to the agreement. If the negotiation fails, it is necessary to sue the court for division.

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

Article 1062 The following property acquired by husband and wife during the existence of their 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.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired 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 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 repaid.

The distribution of property after the second marriage is as follows: for the property owned by one party, that is, the pre-marital property of the husband or wife, in principle, there is no need to divide it. The joint property of remarriage is generally divided by agreement between the parties, and may also be divided by the court 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 being conducive to production and convenient life.

[Legal basis].

Article 1087 of the Civil Code 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 mutual agreement; 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 children, the woman, and the innocent party. The rights and interests enjoyed by husbands or brothers and wives in the contracting and management of family land shall be protected in accordance with law.