In divorce cases, the first marriage or remarriage will not lead to different ways of property distribution. Therefore, the property division mainly focuses on the following points:
1. If both parties have an agreement on marital property, the agreement shall prevail.
2. If both parties reach an agreement on the division of property through consultation, the consultation result shall prevail.
3. If there is no marriage property agreement between the two parties or the two parties fail to reach an agreement through consultation, the court shall divide it according to law.
4. The property of a party before or after remarriage that belongs to an individual shall also belong to the individual.
Article 39 of the Marriage Law of the People's Republic of China
Article 39 of the Marriage Law
At the time of divorce, the joint property of the husband and wife shall be disposed of by both parties through agreement; If no agreement is reached, the people's court shall make a judgment on the basis of the specific conditions of the property and the principle of taking care of the rights and interests of children and women.
The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected according to law.