Nowadays, people are becoming more and more impetuous, and it is easy to have flash marriages and impulsive divorces. When facing marriage, you should have a cautious and serious attitude, rather than treating it like children playing house or a couple falling in love. So willful. Because divorce is not as simple and straightforward as marriage, it involves many issues, such as the division of property and so on. So, who owns the house bought after a divorce and remarries?
A house bought after a divorce and remarried Who owns the house?
The ownership of a house bought after divorce needs to be determined according to the actual situation when remarrying. Generally speaking, if the divorce agreement clarifies which spouse the house belongs to, then the house belongs to which party. Which side does it belong to. However, after remarriage, if there is no property agreement, the personal private property of both spouses will belong to that individual.
In fact, it means that the house purchased after divorce is not a joint property. If you want the property to become joint, you can register the property in the names of two people through a gift or a written agreement. To make the property a joint property of the couple.
How to stipulate the division of property between husband and wife?
1. If the property is purchased by one of the husband and wife before marriage , and it is only registered in one's own name, then the property will only belong to the purchaser's personal property, and the two parties cannot divide it during divorce.
2. If the property is purchased by one of the spouses before marriage, the appreciation in value of the property after marriage is only personal property and has nothing to do with the spouse. Therefore, both parties Division is not possible during divorce.
3. If one of the spouses purchased the property before marriage, and that party sells the property without authorization after marriage, the other party has no right to recover the property.
4. If one parent of a couple purchased a property for them before marriage and it was registered only in the name of their children, then the property is only personal property and cannot be used during divorce. Carry out segmentation.
5. If one of the spouses purchased the property with a mortgage before marriage and it was registered in his own name, and the spouse also participated in the loan repayment after marriage, then the property owned at the time of divorce will One party needs to compensate the other party for the loan repayment portion.
How to calculate remarriage property
Article 18 of the Marriage Chapter of the "Civil Code" has one of the following situations , it is the property of one spouse:
(1) One party’s pre-marital property.
(2) Medical expenses, living allowances for the disabled and other expenses received by one party due to physical injuries.
(3) Will orProperty specified in the gift contract as belonging only to the husband or wife.
(4) Daily necessities dedicated to one party.
(5) Other property that should belong to one party.
