When it comes to the word before marriage, most people are not unfamiliar, but what exactly is notarization? What is the procedure to do it? Ordinary people are also embarrassed and confused. Someone just as the name suggests: notarization of property before marriage, isn t it just that they go to do notarization of property before marriage! If you really think so, you may infringe on the rights of others.
There are two types of people who can apply for notarization of pre-marital property: unmarried couples are only one of them, and married couples can also apply for notarization of pre-marital property, except that the content of the agreement entered into by the two parties only covers their respective pre-marital property, and does not involve the acquisition by the two parties after marriage. property. Therefore it is called notarization of pre-marital property agreement.
Because unmarried couples do not have a legal relationship, the ownership of their property is easy to define, and there is no common property problem. If a married couple wants to do this notarization, they must obtain the full consent and full support of their spouse in order to successfully process this notarization. Because our country stipulates that property acquired during the existence of a husband-wife relationship shall belong to the husband-wife property unless otherwise agreed. After the marriage, the common use, consumption, and management of the property makes it difficult for the personal property to be distinguished and identified from the common property. Unless the husband and wife have no objection to the agreement reached, the notary property before marriage can only be Missed. In practice, the parties personally invested in buying a house before marriage. After marriage (especially after remarriage), they wanted to notarize the house as a premarital property for many years, so that they could leave it to their children. Because the spouse did not agree, it took a lot of hardships. Therefore, judging from the best time for notary property pre-marriage, it is better to do it late, and it is better to do it before marriage.
In the first step, the parties should prepare the following materials: 1 proof of personal identity, such as ID card, household registration book, and a marriage certificate if you are married. 2 Proof of property ownership related to the agreed content, such as a real estate certificate, a house purchase contract and a payment invoice without a title certificate. 3 The two parties have drafted an agreement. The contents of the agreement generally include: the individual s basic information such as the name, gender, occupation, and address of the party; the name, quantity, value, status, and ownership of the property; the principles of use, maintenance, and disposal of the pre-marital property mentioned above. Generally, the signatures and contracting dates of the two parties are vacant. After the notary has reviewed and modified the agreement, he will sign in front of the notary.
In the second step, after the above materials are prepared, both parties must go to a notary office to personally apply for a notarization and fill out a notarized application form. Entrusting an agent or a person to do notarization of property before marriage will not be accepted.
In the third step, after the notary s application is accepted by the reception notary, the notary examines the property right s proof of the property according to the content of the property agreement; asks whether the parties contract has been deceived or misled . The parties shall truthfully answer the questions of the notary, the notary will perform the necessary legal notification obligations, inform the parties of the legal obligations and legal consequences after signing the property agreement, and the parties shall cooperate with the notary to complete the notary. interview transcript, and sign and confirm on the transcript.
Don t underestimate the process of the notary making the transcript of the conversation. As the pre-marital property agreement involves the transfer of the party s property rights, the notary will repeatedly confirm the parties opinions on dividing the ownership of the property , and clarify the relationship of the parties property distribution Once the transcript is signed, the transcript becomes legally valid written evidence and is kept in a notarized file. This transcript and notarization not only prevents disputes between the parties, but also protects the third party who has a debt or debt relationship with the parties.
In the fourth step, both parties sign the pre-marital property agreement in front of the notary. At this point, the pre-marital property notarization procedures have been performed, and the parties will be able to obtain the notary certificate with the bill of payment after two weeks. Of course, if neither party can take the time to obtain the notarized certificate, they can also enjoy the postal delivery service after prepaid postage.
The draft amendments to the Marriage Law submitted to the Standing Committee of the National People s Congress for consideration on October 23, 2000 conveyed the message that not all spouse property is jointly owned by both spouses.
For the first time, this draft stipulates on the property agreed by the husband and wife: In the future, the husband and wife may agree in writing that the pre-marital property and the property during the surviving period shall be jointly or individually owned, or partially jointly owned and partially individually owned. At this point, notarization of property before marriage, a topic that seems to have been taboo in the past few years, no longer holds the pipa half covered, and finally has a clear statement.
Couples In many countries, there are many types of husband and wife property systems, which are usually clarified by means of prenuptial agreement. Therefore, notarization of prenuptial property is very popular abroad.
According to statistics from the Notary Management Office of the Shanghai Judicial Bureau, Shanghai has started the pre-marital property notary business since the early 1990s, and its business volume has increased year by year. By the end of 1999, the city had handled 457 cases, of which 7 cases were handled in 1993 and 1999. 163 applications were processed, which has increased 23 times in 6 years.
A survey of Beijing, Tianjin and Shanghai released in 1996 showed that 65% of young men and women who are unmarried are in favour and willing to “have an appointment first” before marriage to avoid conflicts after marriage. Nothing to say. However , the development of notarization of premarital property has been slow due to the constraints of traditional concepts and insufficient understanding of the legal and social significance of premarital notarization. In Shanghai, the average number of registered marriages in recent years has been closed to 90,000. Among them, very few people can actually sign. However, with the progress and development of society, the notarization of premarital property as a new type of social contract relationship will appear in people s lives more.