The subject of a spousal property agreement can be a spouse or a man or woman who is about to establish a spousal relationship. The time of signing can be before marriage or during the duration of the marriage relationship. The form should be in writing, and the agreed content should be the ownership of the property (including existing and future) in the name of the couple after the marriage. What about the legal effect of notarization of husband and wife property agreement? Next, I will introduce relevant knowledge by the editor of Hualu.
Nineteen Article 19 of the Marriage Law stipulates that the spouse s agreement on the property obtained during the marriage relationship and the pre-marital property shall be binding on both parties. After notarization, it has more legal effect.
The husband and wife shall agree on the property acquired during the existence of the marriage relationship, and the husband or wife shall bear the debts externally. If the third party is aware of the agreement, the property shall be settled by the husband or wife.
According to this article, the effect of the property agreement on creditors is that the property in the marriage is owned by them and notified to the creditors. If these two conditions are not met, the creditor can still regard the debt borne by one of the spouses as a joint debt. In the specific application for notarization, this provision should be informed that if the parties only make agreement on important property, and do not make agreement on all property, they will not be effective for creditors. Both spouses are still jointly and severally liable for the debts of the spouse. This is especially necessary for spouses who have a high debt risk. However, it is impossible to avoid the debt that has already occurred with the husband and wife property agreement.
After the husband and wife property agreement becomes effective, it will bind both parties. The most direct consequence is the change in the ownership of property rights. This is easy for the parties to the agreement to understand. After the change of property rights, the issues of property-based income and disposal also changed. For example, the interest on bank deposits, the value-added part of real estate, dividends on equity, etc. are neither wages nor income from operations, and of course they belong to the property owner. These indirect consequences are easily overlooked and should be indicated in the process of notarization.
Personal property is handled by individuals, couples in common property have equal rights to deal with it, and common property is dealt with by the joint consent of co-owners. If a spouse handles property in its own name and causes losses to the other party , it shall bear tort liability.
Based on China s registration system, only one person s name is usually registered in the property of couples, and many couples property in common is anonymous. So there is a property registrant dealing with the property, not the actual owner . For the man s pre-marital real estate, the two parties agree to own the woman s personal property, but the property owner s name does not change, which makes the actual owner unable to handle the property. Therefore, when notarizing, the registration of the change should be reminded to achieve the agreement between the property registrant and the actual owner.
At the same time, it should be informed that, in accordance with relevant regulations, the registrant can handle the property. Failure to change the registration may cause losses to the actual owner and cause the actual owner to be unable to handle the property.
The agreement on the property relationship between husband and wife is limited to the issue of the ownership of property. It is not possible to make an agreement on the obligation of mutual assistance between husband and wife and the issue of inheritance between each other. Whether the husband and wife agree that the property is shared or owned by the individual, the mutual assistance obligation between the two cannot be circumvented. Nor can it be agreed to exclude or designate the issue of mutual inheritance.
The provisions of Articles 17 and 18 of the Marriage Law for ordinary couples are more reasonable, and it does not matter if there is an agreement on property. If the spouse s property is only used for living together or maintaining the husband s mutual assistance obligation, then the property agreement is not necessary. Special circumstances are more applicable: there are more properties, remarried couples, beneficiary property, and one of the couples may bear large debts. After notarizing the agreement in these cases, it is easy for husbands and wives to sort out their property relationship and it is more convenient to deal with property. For a third party, it is easy to be convinced by the third party after the first notarization, and the property is easily accepted by the third party. The main thing is to avoid disputes over the estate after the death of the people. On the issue of inheritance, it is rarely the case that the next generation inherits the previous generation becaus e the issue of husband and wife s property is unclear. However, the issue of inheriting the property of the junior generation in the previous generation can easily lead to unclear division of the property of the husband and wife.