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How to divide divorce property after remarriage

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How to divide divorce property after remarriage


        

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  • 2024-06-20 15:00:58

    Citizens enjoy the freedom of marriage and divorce. If they have already gone through the divorce procedures, they can remarry with others. In the property handling of divorce cases, there is no essential difference between remarriage and first marriage. At the time of divorce, 1. The personal property before marriage belongs to the husband and wife's personal property, which is not divided at the time of divorce 2. When the agreement on the disposal of the joint property acquired by the husband and wife after marriage fails, the people's court will generally distribute the property equally according to the specific situation of the property, but will take care of the rights and interests of children and women.
    At the time of divorce, the common property of the husband and wife should be identified, such as houses, cars, bank deposits, etc., which are easier to identify, and housing provident fund, bonus medals, intellectual property gains, company equity, etc., which are difficult to identify. Both parties can deal with it by agreement first. If they fail to reach an agreement, they can bring a lawsuit to the court. In judicial practice, there are generally five principles for property division. First, the principle of equality between men and women.
    Article 39 of the Marriage Law of the People's Republic of China
    At the time of divorce, if the two parties fail to reach an agreement on the disposition of their common property, 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 their children and the wife.
    The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected according to law.

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