Is there a relationship between the divorce of parents and the property of an unmarried adult child?

Hello! There is no need to worry about this problem

Divorce is the division of the joint property of the husband and wife, they have no right to dispose of your personal property, you only need to prove that the property is your own personal legal **.

The so-called self-reliance portal is nonsense and should not be ignored.

Community property refers to property in a family that is jointly owned by all or some of the family members. In other words, it refers to the property jointly created and jointly acquired by family members during the existence of the family living relationship. In order for a family to have joint family property, two conditions must be met:

First, there is a common labor behavior or the fact of receiving a donation; The second is that the family is not only made up of a couple and minor children.

Community of family property has the following characteristics:

1) The form of common family property is premised on the existence of the common living relationship between family members. Without a family living relationship, there can be no talk of joint family property.

2) The common property of the family can only arise between family members with a certain special status relationship.

3) The common property of the family has the shared ownership of the family members.

4) The formation of common family property is mainly the common labor income of family members during the period of living together, the property handed over to the family by family members, the property jointly donated by family members, and the property purchased and accumulated on this basis.

Scare you! You are now an adult and have the right to be independent and enjoy your own property!

As long as the property and deposit are written in your name, they have no right to divide your property!

According to the rules of proof, it is up to your stepfather to prove that your property is community property.

Minors whose parents are divorced are generally not entitled to a share of property. However, if the husband and wife jointly donate their joint property to their children when they divorce, the children may share the donated property in accordance with the law. According to the relevant legal provisions, in the event of 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.

[Legal basis].

Article 1065 of the Civil Code of the People's Republic of China.

The man and the woman 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 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.

The husband and wife have agreed that the property acquired during the existence of the marital relationship shall belong to each other, and if the husband or wife owes debts to the outside world, and the counterpart knows that the contract contains a large fixation, the personal property of the husband or wife shall be repaid.

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 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.

1. If the child has personal property (including adult children and minor children), when the parents divorce, the child's personal property shall be divided first, and then the joint property of the husband and wife shall be divided. Parents do not have the right to divide the property of their children.

2. If there is no personal property of the children in the family property, the family property is also the joint property of the husband and wife. The joint property of the husband and wife can only be divided between the husband and wife, and the children have no right to participate.

3. The property left to the child by the parents through negotiation is a property gift, not a division.

1. How should the property rights and interests of minors be protected when parents divorce?

1. At the time of divorce, the type, nature and scope of family property shall be clarified, and the parents' act of dividing property shall not infringe upon the property rights of minor children, that is, parents cannot agree to dispose of property owned by minor children in accordance with the law, otherwise they shall bear civil liability for return or compensation.

2. At the time of divorce, the division of the joint property of the husband and wife shall protect the legitimate rights and interests of the minor children, and in order to be more conducive to the life and education of the minor children after the divorce, the party raising the children shall be inclined and cared for, and the rights of some common property shall be determined to be enjoyed or owned by the minor children by way of gifts. The parent raising the minor child is entitled to use it only during the period of living together.

3. The father or mother who is raising the child must strictly perform the guardianship responsibility for the minor child, protect and manage the property owned by the minor, safeguard the interests of the minor child, and prevent anyone from infringing on the property owned by the minor child who is not raising the minor child.

4. When the parents divorce, the party who does not directly exercise parental authority over the minor child shall pay the expenses for raising and educating them; Receiving the cost of dependent education is a property right of a minor child based on his or her status. If the child bears the obligation to pay child support in accordance with the law but does not perform the obligation to pay, the child may exercise the right to litigate in accordance with the law and request legal protection, and if the circumstances of the failure to perform the obligation to pay are heinous, causing the physical and mental harm of the child, he or she will be investigated for criminal responsibility in accordance with the law.

5. When the amount of alimony determined at the time of divorce changes after the divorce and cannot meet the needs of the minor children's support and education, or when there are other special needs or major changes in the economic conditions of both parents, it may be changed in accordance with law, including increasing, decreasing or waiving.

6. At the time of divorce, if one of the parents has no economic income or his whereabouts are unknown, his or her property shall be used to offset the minor child's maintenance fees to facilitate the growth of the minor child.

Legal Analysis: It is possible to obtain a limb in the form of inheritance. If the parents divorce, the property is divided equally between the parties after the marriage. There is no involvement in the distribution of property to adult children.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint history 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 the husband or wife in the contracting and management of family land shall be protected in accordance with law.

Legal analysis: Whether the divorced children of the husband and wife can be divided into property depends on the situation.

It depends on whether the children contribute to the family property at the time of divorce, not by the size of the child, if there is a contribution, then in principle there should be a share of the child, if at the time of the divorce, the child is still young and does not have a job, or although he has a job, he does not contribute to the family property, then there is no share of the child.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of 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 children, the woman, and the innocent party. The husband or wife's rights and interests in the contracting and management of family land shall be protected in accordance with law.