If the parents are divorced, does the stepmother have the right to share the pre marital property?

The house before my father's remarriage is my father's own, and my stepmother has no right to deal with it, I think it's best not to sell it, once you sell it, it has nothing to do with you, keep the house for you to use when you get married, if your stepmother doesn't know who the real estate certificate is, you can transfer the ownership, she has a house, why do you still play this house, it's too greedy, but as long as your father has certain rules, if your father listens to your stepmother everywhere, it's not easy to do, if he can do it, it must be easy to do. Do your father's work.

There is no such thing as "five years of marriage, the property is shared".

I think if it's a pre-marital property, it should be able to transfer it to you.

Legal Analysis: In the case of divorce, the property belongs to your father and stepmother before the marriage, and the stepmother will not be able to share it. If your father dies and your stepmother and father receive a marriage certificate, your stepmother has the right to inherit your father's estate.

Legal basis: Article 1127 of the Civil Code of the People's Republic of China The inheritance shall be carried out in the following order: (1) First order:

spouse, children, parents; (2) 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 inherit; If there is no first-order heir, the second-order heir shall inherit.

In the case of divorce, the property belongs to your father and stepmother before the marriage, and the stepmother will not be able to share it. If your father dies and your stepmother and father have a marriage certificate, your stepmother has the right to inherit your father's estate.

1. Can a stepfather fight for custody of his stepchild?

OK. Stepparents also have the right to raise stepchildren, but when the parents want to raise them, the right to raise them is the parents. The relationship between stepparents and stepchildren is different from the relationship between parents and children in general, and parents and children generally have a marital relationship, an educational relationship, but no blood relationship.

Such rights and obligations may be discharged. From this, it is concluded that when a father and stepmother or mother divorce a stepfather, both parents and stepmother (father) demand custody of the child, and custody belongs to the parents. Who will raise the stepchildren in the event of a divorce depends on the legal relationship between the stepchildren and the stepparents.

It is only when there is a dependency between the parties that it is necessary to determine the ownership of guardianship. If there is no foster relationship between the stepchild and the stepparent, there is no need to argue about who should raise the stepchild.

Second, how to divide the house and stepmother after the death of my father.

1. There is a will to inherit according to the will, and the will states how the house is inherited in accordance with the provisions of the will;

2. If there is no will, the inheritance shall be carried out in accordance with the legal inheritance, and at this time, it depends on whether the house is purchased before or after the marriage with the stepmother.

1) If the father bought it before marriage, the house belongs to the father's personal property, and the house is divided equally among the heirs as his inheritance, if the heirs are only your stepmother and you, then in principle, one person inherits half of the house;

2) If the house is purchased after your stepmother's marriage, the house belongs to the joint property of the father and stepmother, half of the house belongs to your stepmother, and after your father dies, only half of the house is used as the father's inheritance, at this time the estate is still divided equally among the heirs, and half of the house is divided equally between you and your stepmother, then you can only get a quarter of the house in the end.

3. Who will support the stepmother if she has children.

Whether a stepchild should fulfill the obligation to support the stepmother is based on whether the stepmother has raised and educated the stepchild.

If the stepmother has not raised and educated the stepchild, and the stepchild has no obligation to support the stepmother, if the stepmother has children, the stepmother shall be supported by the children.

If the stepmother has raised and educated the stepchild, the stepchild shall fulfill the obligation to support the stepmother. If the stepmother has children of her own, the stepchildren and the stepmother's own children shall jointly fulfill the obligation of support to the stepmother.

Stepmothers are generally not allowed to divide pre-marital property. However, the pre-marital property is the father's inheritance, and the stepmother can be divided. That is, if it is inherited in accordance with the law and the marriage registration formalities have been completed, it can inherit the estate as the heir in the first order of the spouse's estate.

Legal basis. Article 1123 of the Civil Code of the People's Republic of China.

After the commencement of inheritance, it shall be handled in accordance with the statutory inheritance;

If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest;

Where there is a bequest and maintenance agreement, it shall be handled in accordance with the agreement.

Article 1127 of the Civil Code of the People's Republic of China.

The estate is inherited in the following order:

1) The first order of the excavation of the mountain:

spouse, children, parents;

b) 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 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.

The income of the husband and wife during the existence of the marital relationship shall be recognized as the joint property of the husband and wife, and in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement of both 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.

According to the Marriage Law of the People's Republic of China:

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

Article 18: In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of 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 property that shall belong to one side.

Article 19: Husband and wife 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 unclear, the provisions of articles 17 and 18 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 binding on both parties.

Article 39: At the time of 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.

This is very simple, each of them owns their pre-marital property, but the joint property during the existence of the husband and wife relationship can be divided.

My father and stepmother are divorced again, what should I do? Then you can see that you will leave some of this list, and give the rest to your father and stepmother.