Legal analysis:
Conclusion: husband and wife postnuptial properties It can be notarized.
The marital property of the couple can be notarized. In addition, notarization requires the party concerned to submit a written application to the notary office according to law. If it is confirmed that the conditions are met, the notary certificate can be obtained within 15 days. And the property after marriage refers to all kinds of property obtained by either party of the husband and wife during the duration of the husband and wife relationship. Marriage property is not exactly equivalent to Conjugal property 。 Whether the property after marriage belongs to the joint property of husband and wife depends on the agreement between husband and wife and the provisions of the law.
Legal basis:
Article 25 of the Notarization Law of the People's Republic of China
A natural person, legal person or other organization may apply for notarization to a notary office in the place of its domicile, habitual residence, place of conduct or place of fact.
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, in case of force majeure, supplementary evidentiary materials or the need to verify relevant information, the time required shall not be included in the time limit.
Article 36
The notarized civil legal acts, facts and documents with legal significance shall be taken as the basis for ascertaining facts, but there are contrary evidence Unless it is sufficient to overturn the notarization.
lawyer Tips:
《 Civil Code 》Article 577
If a party fails to perform its contractual obligations or fails to perform its contractual obligations in accordance with the agreement, it shall continue to perform, take remedial measures or compensate 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 Compensation or compensation obtained will perhaps Gift contract The property determined to belong to only one party in the marriage contract, as well as the joint property agreed by both parties in writing to belong to individuals, should be recognized as personal property although it originated during the marriage.
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
