Consult on a legal issue regarding remarriage, divorce, division of property, etc

1. Now Mr. B's house is demolished Mr. B receives a certain amount of compensation, if the house belongs to Mr. B's pre-marital property, the compensation also belongs to personal property, and cannot be divided in the divorce. If he does not get divorced, it is up to Mr. B to decide whether he is willing to share it or not.

2. Article 27 of the Marriage Law There shall be no abuse or discrimination between stepparents and stepchildren.

The rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children.

In other words, the stepchild who is dependent on him or her has the obligation to support the stepparent.

3. Mr. B's behavior does not constitute abandonment, because abandonment refers to the illegal act of not fulfilling the obligations of the other party who has the obligation to support, support and raise the other party in the family who needs to support, support and raise. If the parents do not support the minor children; Adult children do not support their parents who are unable to work or who are in difficulty; Spouses do not fulfill their obligations to support each other, etc. Abandonment occurs in the form of omission, and the rights and interests of the abandoned person are violated.

Ms. A's eldest daughter took Ms. A into her home to take care of her, rather than Mr. B voluntarily giving up her support.

1。If Ms. A and Mr. B divorce, they will receive half of the compensation.

Because the compensation is the joint property of the husband and wife.

2。If Ms. A and Mr. B do not divorce, the compensation is the joint property of the husband and wife, and the issue of division is to be negotiated privately.

3。If Ms. A and Mr. B divorce, their respective children are not required to pay alimony to each other.

4。The division of property should take into account the retirement wages of both parties.

Because the retirement salary is the joint property of the husband and wife.

Mr.'s actions do not constitute desertion. The crime of abandonment refers to the refusal to support an elderly person, a young person, a sick person, or other person who has no ability to live independently, and the circumstances are heinous. If the parents refuse to support the child who is unable to live independently, the child refuses to support the parent who has lost the ability to live independently.

Being the party at fault in divorce proceedings, Ms. A can claim multiple divisions of property.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply in person to the marriage registration authority for divorce registration.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after the people's court has ruled that divorce is not allowed, the parties have been separated for one year, and one party files a divorce lawsuit again, Li Liang shall approve the divorce.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087: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 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.

A second marriage is a second marriage after marriage, divorce or widowhood. In the case of a second marriage and a second divorce, as in the case of the first divorce, individual property cannot be divided, but joint property can be divided. Personal property for remarriage usually refers to property acquired by one of the spouses before the remarriage.

In principle, the property owned by one of the spouses, i.e. the pre-marital property of one of the spouses, can also be referred to as the legal personal property of the husband and wife, and in principle does not need to be divided. The joint property of remarriage can also be the joint property of the husband and wife, which usually includes: 1. The wages and bonuses received by the husband and wife during the existence of the marital relationship; 2. Income from production and operation.

Article 39 of the Marriage Act provides; In the event of a 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 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 this legal provision, in principle, the joint property of the husband and wife shall be divided equally at the time of divorce, but in judicial practice, in the division of property, if one party is at fault for the emotional breakdown of the husband and wife, he or she bears the main responsibility, that is, one party has extramarital affairs or bigamy; One party has committed abusive abandonment to another party; One side likes to work hard, has feudal thoughts, and so on. When dividing property, appropriate consideration should be given to the innocent party, and more property should be divided, so as to reflect the protection of the innocent party and the punishment of the at-fault party.

Legal basis: Article 39 of the Marriage Law 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 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.

The property during the marriage is the joint property of the husband and wife! When did you buy the 2 plots of land? What is bought before marriage is pre-marital property.

If you can prove that you bought it with the money from the pre-marital property, it is considered pre-marital property. If you can't prove it, it's considered joint property. The same is true for objects on the ground.

Segmentation is carried out on a sub-principle.

1. Your mother can claim the return, but there needs to be evidence to prove it.

2. What you buy for your father can be divided as the joint property of the husband and wife, and if you buy it for the other party's children, it depends on whether the children and your mother have formed a relationship of support.

3. The real estate that is donated or inherited after marriage can be divided up.

4. Property can be divided after marriage.

5. It depends on whether you and your stepfather have formed a dependency relationship.

6. Both parties agree to divorce, and they can divorce by agreement, but if the agreement fails, they must sue the court for divorce.

If all this is not done before and after the marriage and marriage, everything is suitable for the marriage law and inheritance law, for this you need to confirm your property rights according to this basic law, of course, although there is no problem with your above requirements, but there is a time when the inherited person is still alive, these can not become a reality, so you need to explain all the problems clearly before you can determine all your problems.

The property acquired after the first divorce is not within the scope of the division of property in the second divorce.

Where the property in the divorce is divided into the joint property of the husband and wife, it shall be divided equally between the two parties; If it is personal property, the other party has no right to divide it. If an agreement on the distribution of property is signed, it shall be divided according to the agreement.

During the duration of the marriage, all assets and debts are jointly owned and borne by the husband and wife.

2. Therefore, the woman has this right to claim joint distribution.

3. The man's mother and child are not related to the woman by blood. The child was born from the man's previous marriage. Therefore, the woman has no obligation to support.