Legal analysis:
Conclusion: husband and wife postnuptial properties It can be notarized.
The marital property of the couple can be notarized. And notarization needs party Submit a written application to the notary office to confirm Eligible You can get the notarial certificate within 15 days. And marital property refers to marital relationship Duration All kinds of property obtained by either spouse. Marriage property is not exactly equivalent to Conjugal property . Whether the property after marriage It belongs to the joint property of husband and wife , depending on the agreement between husband and wife and legal provisions.
Legal basis:
Article 25 of the Notarization Law of the People's Republic of China
Natural person legal person Or other organizations may apply for notarization to Habitual residence , proposed by the notary office in the place where the act or fact occurred.
Article 30
If the notary office, after examination, believes that the evidentiary materials provided in the application are true, lawful and sufficient, and the matters applied for notarization are true and lawful, it shall issue a notarial certificate to the party concerned within 15 working days from the date of accepting the application for notarization. However, due to Force majeure If it is necessary to supplement supporting materials or verify relevant information, the time required shall not be included in the time limit.
Article 36
Notarized Civil juristic act . Facts and documents of legal significance should be taken as the basis for ascertaining facts, but there are contrary evidence Unless it is sufficient to overturn the notarization.
Counsel:
《 Civil Code 》Article 577
Either party does not Performance of contract Obligation or performance Contractual obligations If it does not comply with the agreement, it shall continue to perform, take remedial measures or Compensation for losses etc. Liability for breach of contract 。
(The effective time of the Civil Code is January 1, 2021) Can the marital property be notarized. Don't worry about similar problems, entrust in time Nomogram Professional lawyers check the case for you to avoid more serious consequences.
Relevant supplement 1:
Is marital property the common property of husband and wife
Conclusion: The marital property is generally the joint property of husband and wife.
The marital property is generally the joint property of the husband and wife. However, according to its nature or the agreement of both parties, it does not belong to common property Except for. For example, one party suffered Personal injury Acquired compensate for Or compensation will perhaps Gift contract The property determined to belong to only one party in the contract, and the property adopted by both parties Written form Common property agreed to be owned by individuals, although arising from Duration of marriage , but should be identified as personal property 。
Relevant supplement 2:
Can couples do it after marriage Property notarization
Conclusion: Married couples can do property notarization.
The husband and wife can do property notarization after marriage. And the specific procedures are:
1. Both parties shall apply for notarization to the notary office by themselves or by others entrusted by them;
2. If the notary office examines the application and confirms that the requirements for notarization are met, it shall issue a notarial certificate to the party concerned within 15 working days from the date of accepting the application for notarization.
2023-12-31 15:32:00 Reply
