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How to notarize property before marriage?

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How to notarize property before marriage?


        

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  • 2024-06-20 12:01:42

    [Legal Opinion]
    The following legal procedures shall be followed when notarizing premarital property:
    (1) The parties shall prepare the following materials:
    a、 Personal identification. For example, ID card, household register, married people should also bring marriage certificate.
    Property ownership certificate related to the agreed content. Such as property certificate, house purchase contract without property right certificate, payment invoice and other certificates that can prove the property properties.
    c、 The agreement has been drafted by 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, and the principles for the use, maintenance and disposal of the above premarital property. Generally, the signatures of both parties and the date of the contract are vacant. After the notary examines and modifies the agreement, he/she can sign in front of the notary.
    (2) After preparing the above materials, both parties must go to the notary office in person to apply for notarization and fill in the notarization application form. It will not be accepted to entrust others or a person to handle premarital property notarization.
    (3) After the notarization application is accepted by the reception notary, the notary shall examine the content of the property agreement, the proof of rights of the property, and inquire 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 obligation to inform the parties of their legal obligations and legal consequences after signing the property agreement. After the party concerned cooperates with the notary to finish the notarial conversation record, he signs on the record for confirmation.
    (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.
    [Legal Basis]
    Article 19 of the Marriage Law, the husband and wife may agree that the property acquired during the marriage relationship and the pre marital property shall be owned by themselves, jointly, or partly by themselves or partly jointly. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply.

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