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How to notarize personal premarital property

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How to notarize personal premarital property


        

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  • 2024-06-25 12:00:03

    Specifically, the following four steps are required to notarize the personal property before marriage:
    (1) The parties need to prepare the following materials:
    1. Personal identity certificate, such as ID card, household register, and marriage certificate should also be brought with them.
    2. Proof of property ownership related to the content of the prenuptial property notarization agreement, such as property ownership certificate, purchase contract with property ownership certificate not obtained and payment invoice.
    3. The notarized text and electronic version of the premarital property agreement of both parties. The contents of the agreement generally include: the name, gender, occupation, address and other basic personal information of the parties; The name, quantity, value, status and ownership of the property; Principles for the use, maintenance and disposal of the above-mentioned premarital property. The signature on the agreement and the date of the contract require the notary to review the agreement and sign in front of the notary.
    (2) After the above materials are prepared, both parties must go to the notary office to handle the property notarization together in person, and cannot entrust others or one person to handle the property notarization before marriage.
    (3) After the notarization application is accepted by the reception notary, the notary will examine the proof of property rights according to the content of the property agreement; Ask the parties whether they have been deceived or misled in their contract. The parties shall answer the questions of the notary truthfully. The notary will perform the necessary legal obligation to inform the parties of their legal obligations and legal consequences after signing the property agreement. Both parties will cooperate with the notary to complete the notary interview transcript and sign on the transcript for confirmation. The record is kept in the notarial file as a legally effective written evidence.
    (4) Both parties signed the prenuptial property agreement in front of the notary. At this point, the certificate handling procedure of premarital property notarization has been completed.
    3、 What is a person's premarital property? The premarital personal property refers to the property acquired by one of the spouses before marriage. The premarital property of one spouse, whether movable or immovable, tangible or intangible, will be protected by law as long as it is legally obtained. According to Article 18 of the Marriage Law of China, the property of one of the husband and wife is in any of the following circumstances:
    (1) Premarital property of one party;
    (2) Medical expenses, living allowance for the disabled and other expenses received by one party due to physical injury;
    (3) The property determined in the will or gift contract to belong to the husband or wife only;
    (4) Daily necessities for one party;
    (5) Other properties that should belong to one party. Article 19 stipulates that the husband and wife may agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership or part of their own ownership or part of their joint ownership. We can judge from the signing time and payment time of the house purchase contract that the house payment before marriage belongs to premarital property. If part of the house money is repaid after marriage, then this part of the money belongs to the joint property of the husband and wife. In another case, if your spouse's name is written on the property right certificate, the house belongs to the joint property of husband and wife. Buying a house before marriage belongs to the change of personal property ownership: "signing a contract before marriage and obtaining a certificate after marriage" belongs to personal property before marriage.

    Hu***

    2024-06-25 12:00:03

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