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How is the property calculated after a divorce and remarriage in 2019
Time:2025-08-28 Views:1856
The property that the two parties receive according to the divorce agreement will all be their personal property before marriage after remarriage.
The agreement signed during divorce remains valid upon remarriage. The property stipulated in the divorce agreement that belongs to you becomes the pre-marital property of the parties upon remarriage and belongs to the individual.
After a divorce and remarriage, the property divided at the time of divorce is considered pre-marital property. Because divorce terminates a marital relationship, the marital relationship formed by remarriage does not have legal continuity. It is two separate acts, and they are two independent marital relationships. According to the new judicial interpretation, the property divided upon divorce shall belong to the individual once it takes effect. Unless the parties voluntarily agree, it will remain the individual's property in the next marriage. Remarriage is actually a second marriage, and the property divided during divorce is considered pre-marital property. Property acquired after remarriage, in the absence of a special agreement, belongs to the joint property of the couple. According to Article 18 of the Marriage Law, any of the following circumstances shall be the property of one spouse:
(1) The pre-marital property of one party;
(2) Medical expenses, living allowances for the disabled and other expenses received by one party due to bodily injury;
(3) Property determined in a will or gift contract to belong solely to either the husband or the wife;
(4) Daily necessities exclusively used by one party;
(5) Other properties that should belong to one party. Article 19 The husband and wife may agree that the property acquired during the marriage and the property owned before the marriage shall be owned separately, jointly, or partly separately and partly jointly. The agreement shall be in written form. Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply. The agreement made by a couple regarding the property acquired during the marriage and the property owned before marriage shall be binding on both parties. Where a husband and wife agree that the property acquired during their marriage shall be owned separately by each of them, any debt incurred by either spouse to a third party shall be settled with the property owned by that spouse if the third party is aware of such agreement.
Article 17 of the Marriage Law stipulates the scope of property acquired by the husband and wife during the existence of their marital relationship and which should be jointly owned by them. That is, the following properties acquired by the husband and wife during the existence of their marital relationship shall be jointly owned by them:
1. Wages and bonuses refer to the income from wages, bonuses, and various welfare and policy-based incomes and subsidies of one or both spouses during the existence of a marital relationship.
2. The income from production and business operations refers to the income gained by one or both spouses from engaging in production and business operations during the existence of the marital relationship.
3. The income from intellectual property rights refers to the income from the intellectual property rights owned by one or both spouses during the existence of the marital relationship.
4. Inherited or gifted property refers to the property obtained by one or both spouses through inheritance of an estate or acceptance of a gift during the existence of a marital relationship. The income from inheriting an estate refers to the acquisition of property rights rather than the actual possession of the property. Even if the property was not actually possessed before the termination of the marital relationship, as long as the inheritance occurred during the existence of the marital relationship, the inherited property is also the joint property of the couple, except as provided for in the third item of Article 18 of this Law.
5. Other properties that should be jointly owned;
6. Housing subsidies and housing provident funds actually obtained or to be obtained by both parties;
7. The pension benefits and bankruptcy resettlement compensation fees actually obtained or to be obtained by both parties;
8. The portion of one-time expenses such as demobilization fees and self-employment fees that should be paid to military personnel during the marriage shall be jointly owned by the couple.
Article 18 stipulates the scope of property corresponding to one spouse. Where any of the following circumstances exists, it shall be 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 injury;
(3) Property determined in a will or gift contract to belong solely to either the husband or the wife;
(4) Daily necessities exclusively used by one party;
(5) Other properties that should belong to one party.
The above is the relevant content collected by the editor of Faneng Law Firm regarding "How to calculate property after divorce and remarriage in 2019". From the above content, we can know that legally, because divorce terminates the marital relationship, the marital relationship formed by remarriage does not have legal continuity. They are two separate acts and are two independent marital relationships. If you still have any questions about the above content, you can consult the lawyers of Faneng Law Firm online. Sichuan Faneng Law Firm is dedicated to serving you.