Both parties to a spouse can agree on a property agreement. Both parties need to negotiate on an equal footing, and they need to clarify each other s rights and obligations. Notarization is a civil act, and some people may apply for notarization. Some friends will wonder whether the property agreement of husband and wife is not notarized and valid? Below, the editor of Hualu.com will introduce the specific content to you in detail.
The composition of the agreement is relatively simple, mainly including time, place, contracting parties, agreed property scope, property ownership or division. But the most important one is the property ownership agreement. According to Chinese law, the two parties can agree on the property ownership obtained before marriage and during the existence of the marriage relationship, such as ownership, common ownership, partial ownership, and common ownership.
Many people think that the pre-marital property agreement requires notarization. If the notarization agreement cannot be established or invalid, this view is actually wrong. No law in our country requires that the pre-marital property agreement must be notarized. In other words, as long as the parties intentions are consistent and the content of the agreement does not violate the law, as long as the two parties have reached a written agreement on the basis of voluntary ownership of the property before marriage, the written agreement has legal effect whether or not it is notarized.. However, the notarized pre-marital property agreement is more probative.
In general, the property that is easier to prove does not require notarization of pre-marital property, and the property that is more difficult to prove requires notarization of property before marriage. Real estate, such as houses and cars, does not require pre- marital property notarization because of the registration system and clear property rights. Movable property that is subject to change at any time, such as deposits, stocks, calligraphy, paintings, jadeware, gold and silver jewelry and other valuables, in order to avoid divorce can not be explained, you need to notarize the property before marriage.
(1) The meaning must be clear. The meaning is clearly required by any agreement, as is the requirement for pre-marital property agreement. Furthermore, the pre-marital property agreement has a clear meaning based on the particularity of the identity of the parties signing it, and it will not cause unnecessary conflicts due to disputes in the understanding of the agreement in the future.
(2) The conditions are clearly set. If the agreement does not take effect, it usually takes effect after marriage registration. In most cases, when the partner signs the agreement, he writes that this agreement is effective when both parties sign it. For the pre-marital property agreement, it is obvious that the agreement signed for living together after marriage, that is, the marriage registration should be a valid element. Second, some partners make an agreement when they agree that the pre-marital property should be shared after the marriage. This kind of property agreement actually amounts to no agreement. From the final effect of the property agreement, it facilitates the division of divorced property. Such agreements are clearly disadvantageous for the non-property owner.
(3) The style is clear. The expression of meaning is clear, the levels are clear, and no ambiguity occurs. As a protocol, we still have to follow a certain example format.