Can a joint property be sold to another after a second marriage?

Updated on society 2024-06-13
12 answers
  1. Anonymous users2024-02-11

    As you mentioned, your husband sold the house to your son, and you agreed, then now the house belongs to your son, and you had better sign a house sale and purchase agreement, which can reduce disputes. When the house can be transferred, try to close it as early as possible. Thank you.

  2. Anonymous users2024-02-10

    If you do a good job of notarization and explain the situation when you transfer the house, your husband's children will not have the right to inherit in the future, which is valid, otherwise it is better for the two of you to directly transfer the house to your son by way of sale, so that there is no inheritance.

  3. Anonymous users2024-02-09

    The first time I heard of such a problem, after the second marriage, the joint property can also be sold to the other party, and the other party can get all the property together. Living together, there are no worries about consequences.

  4. Anonymous users2024-02-08

    Hello, I personally think that for the issue of property division, or the transfer of real estate, you had better find your local lawyer, or go to your local housing authority to have a look. Because this is the most accurate and reliable.

  5. Anonymous users2024-02-07

    1.The inheritance law stipulates that the legal heirs: one of the husband and wife dies and the other party inherits a part of the son's part, and the deceased's parents inherit a part.

    2.The right to divide the joint property of the husband and wife (the purchase of the house during the marriage is a joint property, according to the above housing loan situation, the son pays the loan after the man and woman pay the down payment, the real estate is registered as the joint property under the name of the husband and wife, the son pays the full loan in the later stage, the parents enjoy the legal rights and interests of the house property rights before the transfer, and the son only has the right to inherit or the transfer belongs to the son's personal property at the end of the two-year house registration period).

    3.In the case of joint property, the other spouse has the right to inherit part of the property regardless of the death of either spouse. (Such as:.)

    At the expiration of the 2-year period of house registration, the man's property rights are registered and transferred to the woman's name, and he also enjoys part of the property rightsThe down payment is a co-payment2The man who took out the loan in the later period had a loan repayment of 3

    If the son is married before the age of 18, and the man has fulfilled his fatherly responsibilities, then the son has the obligation to support him, and the house is also entitled to the property))).

  6. Anonymous users2024-02-06

    After the second marriage, the joint property must be divided jointly.

  7. Anonymous users2024-02-05

    Summary. If the property is your personal property before marriage, these assets have nothing to do with the other party, and naturally have nothing to do with the other party's children.

    Second marriage: Purchased property during marriage?

    The division of property before and after marriage is not the same.

    Hello, may I ask if I mean a hidden second marriage, I want to ask my husband to divorce his ex-wife, but the hall is out of the house, both daughters are married, now we are starting a business together, the property is my personal before marriage, will the property be related to his ex-children's state in the future.

    Hello. If the property is your personal property before marriage, these assets have nothing to do with the other party, and naturally have nothing to do with the other party's children.

    We've got a marriage certificate.

    If the certificate is obtained, the income of both parties is counted as the joint property of the husband and wife.

    For example, if you have 1 million assets now, 500,000 of which will be his, and 500,000 will be yours.

    In the future, if I buy a house for my children with a down payment installment, I need to pay in installments, is the house related to his children.

    Do you mean a child with your ex-husband or a child with your current one?

    Is it related to buying a house for my ex-husband's children and giving him children, I have two children, and his two daughters are married.

    Buying a house for your child with your ex-husband has nothing to do with his children.

    Because your child has nothing to do with him, he has nothing to do with legal inheritance. It's just that the money you buy to buy a house is the joint property of you and his husband and wife, and you have nothing to do with the property, and it has nothing to do with the legal relationship between the children. Just like the child who is pure hunger and Shen and you have no legal relationship with him and his ex-wife.

  8. Anonymous users2024-02-04

    There are two situations in which the house bought after marriage is sold before marriage and then repurchased: 1. If the property purchased after marriage is still registered in the name of one party, the house belongs to the personal property of the party who contributed to the purchase of the house, not the joint property of the husband and wife, and such a house should not be divided in the event of divorce; 2. The real estate purchased after marriage is registered in the names of both husband and wife, and the house belongs to the joint property of both husband and wife, but the court shall appropriately give more to the investor when hearing the divorce case and handling the division of property. Article 1062 of the Civil Code stipulates that the following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

    1) Salary, bonus, remuneration for labor services; (2) Income from production, operation and investment; (iii) proceeds from intellectual property rights; (4) Inherited or donated property, except as provided for in Paragraph 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 1080 of the Civil Code Article 7 In the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the 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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.

  9. Anonymous users2024-02-03

    Hello, thank you! The house purchased after the marriage is the joint property of the husband and wife.

    [Legal basis].Article 1062 of the Civil Code [Joint Property of Husband and Wife] 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 is jointly owned by the husband and wife:

    1) Salary, bonus, remuneration for labor services;

    (2) Income from production, operation and investment;

    (iii) proceeds from intellectual property rights;

    (4) Inherited or donated property, except as provided for in Paragraph 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.

  10. Anonymous users2024-02-02

    1. If the real estate purchased after marriage is still registered in the name of one party, the house belongs to the personal property of the party who contributed to the purchase of the house, not the joint property of the husband and wife, and such a house should not be divided in the event of divorce;

    2. If the real estate purchased after marriage is registered in the names of both husband and wife, the house belongs to the joint property of both husband and wife, but the court shall appropriately divide the funder when hearing the divorce case and handling the division of property.

    Article 1063 of the Civil Code provides that the following property shall be 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 12 of Interpretation III of the New Marriage Law.

    During the existence of the marital relationship, if both parties use the joint property of the husband and wife to purchase a house in the name of one of the parents, and the property rights are registered in the name of one of the parents, and the other party claims to divide the house according to the joint property of the husband and wife at the time of divorce, the people's court will not support it. The capital contribution made at the time of purchase of the house can be treated as a creditor's right.

  11. Anonymous users2024-02-01

    A house sold after marriage is not necessarily joint property. If the property is a party's personal pre-marital property, the proceeds from the sale of the property should also be considered to be owned by the individual, and the increase in value of the property during the marriage shall also belong to the individual; If the property was purchased jointly by both parties and the title is registered in both parties' names, the money from the sale of the property belongs to the joint property of both parties. The two parties can also negotiate to deal with it, and if the negotiation fails, they can go to the court to file a lawsuit, and the court will conduct a trial.

    [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) Salary, bonus, remuneration for labor services;

    (2) Income from production, operation and investment;

    (iii) proceeds from intellectual property rights;

    4) Property inherited or donated by foolishness, 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.

  12. Anonymous users2024-01-31

    Legal Analysis: The house bought before the remarriage is not joint property after the second marriage, but the personal property of the party who purchased the house. In the following circumstances, it is the property of one of the spouses:

    The pre-marital property of one party, the medical expenses and living allowance for the disabled received by one party due to bodily injury, and the property determined in the will or gift contract to belong only to the husband or wife, etc.

    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 is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the income from intellectual property rights; (4) Inherited or donated property, except where the stuffy shed is 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 1063: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; (Fourth) daily necessities for one party; 5) Other property that shall belong to one side.

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