What is the principle of second marriage divorce property division

1. There is a pre-marital property agreement; both remarried couples now generally have their own personal pre-marital property. In order to avoid future differences in property or conflicts in the division of property at the time of divorce, the respective pre- marital property is negotiated before remarriage registration Fix it in writing, just in case. This form is more common in cities than in rural areas. If the pre-marital property is executed in accordance with the agreement at the time of divorce, the contradiction in handling the pre-marital property due to the division of the property is reduced. The division of property after marriage, needless to say, the division is based on the common property during the marriage.

2. If there is no pre-marital property agreement, when remarriage and divorce, if there is evidence to prove that the property is pre-marital property, it is personal property. According to whose property belongs to whom. If it cannot be proven that the property is personal pre-marital property, it is generally divided according to the post-marital property (except those that the other party recognizes as pre-marital property).

The division of property in divorce generally only involves the common property of the husband and wife, that is, usually the property owned by the individual before remarriage. At the time of divorce, the other party is indivisible, but this is not the same after marriage. The houses managed and managed by the two parties and other valuable means of production have passed through 8 years, and the valuable means of living have passed through 4 years. Common property. In both cases, the other party can split. In addition, if the marriage is less than 8 years old, but the two parties have repaired and decorated all the houses before the marriage, and the original property rights were not changed when the original divorce was demolished, the property is still owned by the property owner. The share is compensated by the owner of the house at a discount.

Leave a Reply

Your email address will not be published. Required fields are marked *