Is the property still common after Ningbo's remarriage?

After divorce and remarriage, how to calculate the property in the middle? Many people think that remarriage is like "marriage never broken". In fact, during the period between two marriages, they are legally single, and the property ownership should be reconsidered.

The legal nature of 1. remarriage

the remarriage is the re-registration of marriage after the dissolution of the marriage relationship, and the two marriages before and after are independent legal relations. From the effective date of the first divorce to the registration of the remarriage, both parties are in a single state, and the acquisition of property here shall be handled in accordance with the rules of personal property.

2. property from divorce to remarriage

the assets acquired by both parties during the divorce with their own income and business income belong to their respective personal property before marriage (as opposed to the second marriage) and are not automatically converted into common property as a result of the remarriage.

3. property divided under the original agreement

the ownership of the property that has been divided by agreement or judgment at the time of the first divorce has been determined. After the remarriage, the property shall remain in the possession of the original party, unless the parties re-agree or re-mix or transform.

Don't expect "automatic recovery"

the remarriage does not automatically return property that has been divided to the common state. In order to restore a common arrangement, a clear written agreement or re-registration is required, and it cannot stay at the oral "still a family".

After the 4. remarried, the new joint

after the registration of the remarriage, the wages and operating income of the two parties generally re-constitute the joint property of the husband and wife, and the property rules during the normal marriage shall apply. The time node is subject to the date of remarriage registration.

1. Time node to leave a certificate

the distinction between property before and after remarriage depends on the time of registration and the time of acquisition. The retention of divorce certificate, remarriage certificate and asset acquisition certificate is the key to clarify the property of which marriage. In Ningbo, it is suggested that the balance of the main accounts of both parties should be printed and kept at the bank counter on the day of remarriage registration, and filed together with the divorce certificate and remarriage certificate. The future proof power is far better than the statement afterwards.

2. The date of registration of remarriage is the new starting point.

The date of registration of the remarriage is the starting point of the new marriage relationship and the starting point of the common property. Wages, bonuses, operating income and return on investment after the day are in principle common property. It is recommended to make a screenshot of the main account balance of both parties on the day of registration. This seemingly simple material often has more probative power than a large number of after-the-fact statements when distinguishing between pre-marriage and post-marriage in the future.

Risk of 5. mixed use

if the individual property acquired during the divorce is jointly repaid, jointly decorated and indistinguishable after the remarriage, some may be claimed as a mixture of common or individual and common, increasing the difficulty of division.

What to do after the interval deposit is merged into the joint account.

If an individual's savings are transferred to a joint account after remarriage and mixed with wages for a long period of time, the difficulty of traceability will increase rapidly over time. If you can provide a screenshot of the account balance before the transfer, the flow of water on the day of the transfer and the records that have not been used since then, you can still claim that the corresponding part is personal property.

Three timelines to keep for 6. remarried families

the first is the duration of the first marriage, during which the common property formed has been divided by agreement or judgment at the time of the first divorce and is final. The second is the interval between divorce and remarriage, during which the income, real estate and investment income obtained by each person belong to the individual. Article 3 is the duration of the new marriage after the remarriage, and the property acquired from the date of registration of the remarriage is re-included in the common property.

The vast majority of disputes in practice are on the second timeline. The longer the interval and the more intensive the economic exchanges, the more difficult it is to split them afterwards. The safe way is to sort out the property at the time of remarriage registration, list and sign the real estate, vehicles, deposits and equity acquired by both parties during the interval, as the basis for demarcation in case of further disputes.

7. case proof

in practice, both parties purchased a set of real estate with full payment by one party during the divorce period, and divorced again after three years of remarriage. The other party claimed that the house was a common property. The court found that the time of purchase was during the period when both parties had no marriage relationship. The house was the personal property of the buyer and was not included in the division. Only about 50% of the decoration expenses jointly borne by 1800

00yuan after remarriage were settled.

In practice, during the first divorce, the agreement agreed that the house should be owned by the woman and the transfer of ownership had been completed. After remarriage, the two parties did not make any new property agreement. During the second divorce, the man claimed that the house should be divided into common property. The court rejected his request and confirmed that the house still belonged to the woman. The man only received 50% compensation for the remaining loan principal and interest jointly repaid after remarriage, about 2200

00yuan.

8. Risk Alert

• the misconception that remarriage results in the automatic restoration of property.
• Assets during divorce are mixed with post-marital income.
• If you don't keep the divorce certificate and the remarriage certificate, the time node is not clear.
• The original division agreement is lost and the ownership is disputed.
• Oral "or a family" in lieu of written agreement.

9. FAQ

did the common property before the remarriage become common?

Do not automatically change back due to remarriage. The property that has been divided and determined still belongs to the original party and needs to be re-agreed before it can be changed.

Who is the remarriage of the house bought during the divorce?

Generally, the premarital personal property of the buyer relative to the second marriage is not automatically common.

Is the salary still common after remarriage?

The income from the operation of wages after the registration of the remarriage shall be re-constituted as common property.

How to prove that a property is during the divorce?

Time nodes are the key to distinguish between divorce certificates, remarriage certificates and assets.

After remarriage, can the house allocated to the other party in the first divorce be divided again?

Can't. The division of property in the first divorce has been completed and has final effect, and the remarriage will not automatically turn it into common property. Unless the parties re-sign a written agreement to change the property to joint ownership and change the real estate registration.

How do you prove that a certain sum of money was earned during the divorce?

The key is to fix the point in time. You can provide the date determined by the divorce certificate or judgment, and cooperate with the current salary flow, tax payment record, contract signing time, housing net signing time, etc. to form a time correspondence. The more specific the time evidence, the greater the certainty of being identified as personal property.

Practical Experience of 10. Lawyers

divorced and remarried, how to calculate the property in the middle, is the most easy place for such families to take for granted. First of all, make a basic judgment: remarriage is to re-register the marriage after the dissolution of the marriage relationship. The two marriages are independent of each other. During the period from the first divorce to the registration of remarriage, both parties are legally single. The income obtained, the real estate purchased and the investment income are all treated as personal property, and will not automatically become common property because of the subsequent remarriage. By the same token, the ownership of the property that has been divided by agreement or judgment at the time of the first divorce has been determined, and it will still belong to the party who received the original share after the remarriage, unless the two parties agree again, or mix and transform. The expectation that "remarriage means that the marriage has never been broken" tends to stumble on this timeline.

To write this matter clearly depends on keeping three timelines: the duration of the first marriage, during which the common property has been divided at the time of the first divorce, which is final; the interval from divorce to remarriage, during this period Everything obtained by each person belongs to the individual; the duration of the new marriage after remarriage, the salary, operating income, and return on investment obtained from the date of registration, in principle, reconstitute common property. The key to the distinction lies in the "acquisition time" and "registration time", so the vouchers should be kept: divorce certificates, remarriage certificates, and all kinds of assets should be kept on file. It is safer to take screenshots of the balance of the main accounts of both parties on the day of remarriage registration or print the balance at the counter for retention, and make a list of the real estate, vehicles, deposits and equity acquired during the interval and sign it for confirmation, which will be used as the basis for demarcation in future disputes-this material seems simple, but its probative force often exceeds the statement afterwards.

The most problematic is that personal property acquired at intervals is mixed up after remarriage. For example, if one party buys a house in full during the divorce, it will be complicated to repay the loan and decorate the house together after remarriage, and it will not be able to distinguish between personal investment and common investment. Another example is the personal deposit during the interval, which is transferred to a common account after remarriage, mixed with wages for a long time, repeatedly entered and exited, and intertwined with expenses. The court usually determines that the mixing has occurred, and the corresponding rights and interests are treated according to the common property. To avoid this, you have to leave a mark at the beginning of the transfer: keep a screenshot of the account balance before the transfer, the flow of water on the day of the transfer, and the record that has not been used since. The longer the interval, the more intensive the economic exchanges, the more difficult it is to split after the event, so the real prevention lies in the "remarriage when the account is clear", the written agreement of the written agreement, the re-registration, re-confirmation of the timely processing, do not put hope on the post-event explanation.