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How to belong to the property after remarriage

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How to belong to the property after remarriage


        

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  • 2024-06-27 02:01:43

    After divorce and remarriage, the property divided at the time of divorce belongs to premarital property. Because divorce terminates the marriage relationship, the marriage relationship formed by remarriage does not have legal continuity. It is two acts, and they are two independent marriage relationships. According to the new judicial interpretation, the property divided at the time of divorce will be owned by individuals after it takes effect. Unless the parties are willing, they will still be owned by individuals in the next marriage relationship. In fact, remarriage is the second marriage, and the property divided in divorce belongs to premarital property. In the absence of special agreement, the property acquired after remarriage belongs to the joint property of husband and wife. According to Article 18 of the Marriage Law, under any of the following circumstances, it is the property of the husband and wife:
    1. Premarital property of one party;
    2. Medical expenses, living allowance for the disabled and other expenses received by one party due to physical injury;
    3. The property determined in the will or gift contract to belong to the husband or wife only;
    4. Daily necessities for one party;
    5. Other properties that should belong to one party. The change of marital relationship is a major event in life, so we suggest that you do not act in a willful manner and do some irrational behaviors in marriage.
    3、 The law of remarriage is based on the procedure of remarriage. If both men and women voluntarily request to restore the husband and wife relationship after divorce, it indicates that the feelings of both parties have not been completely broken, or the cause of divorce has been eliminated. In this case, the law allows both parties to re-establish the marriage relationship. However, the marriage relationship is a legal relationship, and its emergence and elimination must go through legal procedures. The remarriage, like the procedures to be performed by the marriage, must go through the registration procedures at the marriage registration office. Return the original divorce certificate or court judgment (or mediation statement) for cancellation, issue a remarriage registration certificate, and restore their legitimate marital relationship. Without re marriage registration, the parties to a divorce can live together in private and cannot obtain legal marital status or be protected by law. Article 28 of the Marriage Law stipulates that: "After divorce, if both men and women wish to resume their husband and wife relationship, they should go to the marriage registration office to register for remarriage." Article 8 of the Marriage Law Registration Measures stipulates that both parties must go to the marriage registration office where one party's household registration is located to apply for remarriage in person, and must also issue a divorce certificate or court judgment (or mediation statement), Upon examination, if the legal conditions are met, the marriage registration authority will issue the Marriage Certificate and withdraw the Divorce Certificate or divorce legal documents. 2020 Article 35 of the Marriage Law of the People's Republic of China After divorce, if both men and women wish to resume their husband and wife relationship, they must go to the marriage registration office to register for remarriage. Article 14 of the Marriage Registration Regulations 2020 If the divorced men and women voluntarily resume the husband and wife relationship, they shall go through the re marriage registration with the marriage registration authority. The provisions of these Regulations on marriage registration shall apply to the registration of remarriage.

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