3 thoughts on “How to personal property before marriage”
Darlene
1. Whether the property before marriage will be converted into a husband and wife common property The netizens ask questions: Mr. Zhang and I have recently prepared to register for marriage. Both of us are remarried and each has a child. To prepare for marriage, I bought a house. In addition, I have a store for rent. Both real estate are my personal property. In order to avoid disputes between the two parties due to property problems, I hope to be a notarization of pre -marital property with Mr. Zhang, but he is unwilling. If we have no notarization of pre -marital property, is the two real estate after marriage transformed into common property? The lawyer's answer: Article 19 stipulates: "Article 18 of the Marriage Law stipulates that all the property of the husband and wife party is not transformed into a common property of the husband and wife due to the continuation of the marriage relationship. Following the agreement, there is an agreement, and there is no appointment to be legal. In view of what you say, if you do not agree on the two real estate above, according to the above provisions of the marriage law, your store is for your personal property, and it will not be transformed into common property due to the continuation of the marriage relationship. You and Mr. Zhang are preparing to buy a house for marriage. If you have evidence to prove (such as a real estate certificate) is your personal property, it will not be converted into common property because of the continuation of the marriage relationship, but if you have no evidence to prove that it is yours, you are yours. Personal property, judicial practice is usually dealt with as the common property of husband and wife. To this end, it is recommended that you and Mr. Zhang agreed in advance to avoid disputes in the future due to property ownership. 2. How to protect pre -marital property (1) Notarization of pre -marital property Although the notarization of pre -marital property is in a state of controversy, some people think that the notarization of pre -marital property is a challenge for traditional concepts and hurts love; Some people think that doing notarization is equivalent to buying "insurance" to avoid divorce to tear her face to compete for property in the future. In any case, the notarization of pre -marital property is indeed one of the ways to ensure pre -marital property. Mylodiability before marriage is an agreement reached an agreement before the marriage registration. When applying for notarization before marriage, the parties shall apply to the notary office signed by the place of residence or the place of agreement. (Such as the real estate certificate of all personal real estate); other related certification materials. In actual life, not all property needs to be notarized. Generally speaking, the property that is easier to proof does not need to be notarized before marriage, such as real estate. And some valuable real estate, such as jade, gold and silver jewelry, deposits, etc., their property rights are in a state of change at any time, so it is best to apply for notarization. (2) Signing a pre -marital agreement Mo before marriage property agreement can be, men and women agreed on the ownership of the property obtained by the two parties before marriage and after marriage registration. S sign to the property agreement before the marriage should be paid attention to: a, the form must be written in writing. However, the following two situations have also been established: a, and both husband and wife have no objection to the effectiveness of verbal agreements. b, can prove that the two parties have verbal forms and have been fulfilled. b, clarify the scope of pre -marital property. Generally, the deposits, real estate, cars, other valuables, etc. of both men and women. c, clarify the proportion of sharing after marriage after marriage. After marriage, the property content that can be shared with lover, and the proportion of sharing should be clear. If it is only expressed as "a property before marriage", the legal understanding should be half per person. D, the description of property should be clear. Avoid that the agreement is invalid due to the unclear property description. For example, the description of real estate, when many partners have a pre -marital property agreement, for the pre -marital property of one party, "the houses of a certain community are owned by the two parties", the correct description should be "located in a city (county) xx street XX number XX number No. XX The property is owned by both parties. " e, set the conditions and time for the effectiveness of pre -marital property. If the effectiveness of the agreement is not specially agreed, it usually takes effect after marriage registration. In many cases, in order to increase the publicity of the pre -marital property agreement, the parties will increase the restrictions on the effect of notarization by notarization or the witness of the lawyer. Of course, as long as the pre -marital property agreement does not violate legal provisions, even if it is not notarized, it has legal effect. F, men and women must sign and indicate time. g, pre -marital property agreement can be signed before marriage or can be signed after marriage. (3) Evidence of preservation of personal pre -marital property a, the property obtained before marriage before marriage. In general, the date of acquisition of property such as automobiles, real estate, passbooks, and company shares is well -founded. As long as the marriage registration date can be identified as personal pre -marital property. For example, real estate only needs to provide real estate certificates or the "commercial housing trading contract" that has been prepared, and it can easily prove without other evidence. It other real estate such as jewelry, antiques, home appliances, etc., it is best to provide regular invoices as favorable proof. If there is no invoice, you can also prove it through contracts, payment vouchers (preferably bank transfer credentials), receipt, etc. b, the property obtained after marriage after marriage has to remind that before marriage, the property may change after marriage. For example, the following situations will turn personal property before marriage into post -marital property: ① Pre -marital deposits will expire after marriage, remove and re -deposit in; R n ③ The property before marriage becomes sold after marriage; ④ before marriage to invest in the stock market, it continues to operate in the stock market after marriage. , as long as one party can prove that the property obtained after marriage is transformed from the property before marriage, it is still regarded as his personal property before marriage. For example, the bank's credentials, new deposits, new deposit orders are provided when providing photocopies, withdrawals and deposits; pre -marital deposit deposit, withdrawal credentials, and car invoices; photocopies of old real estate, house trading contracts, receipt copies, tax payment vouchers, deposit vouchers, and so on. Is as for the stock market, Mr. Chen Chen said, "As long as the stocks that have been operated and managed after marriage, the value-added part should belong to the common property of both husband and wife." In a brief example, Mr. Zhao has several stocks before marriage. After marriage, he had operated the operation and management management of his stock account, which made his stock appreciate. This artificial value -added not only benefits from Mr. Zhao's strong management, but also due to the effort and cooperation of his wife. Therefore, the stock appreciation part can be used as a common property of husband and wife. (4) Buy insurance before marriage If offs on insurance contracts before marriage, such as fund insurance contracts, dividend life insurance contracts, etc., and purchased by personal property before marriage, which is regarded as personal property, and then should then should then should The income generated by insurance is also personal property. It should be noted that whether the insurance purchased before marriage depends on the payment form of purchase insurance. If you pay the premium before marriage, it is a personal property; if there is also renewal after marriage, the premium paid during the marriage is the common property of the husband and wife. That is, it belongs to the personal property only to establish an insurance contract before marriage and pay premiums before marriage.
Specifically, how to notify the personal property before marriage, you need to go through the following four steps: (1) The parties need to prepare the following materials: 1, personal identity certificate, such as ID cards, hukou books, there are, there is any The wedding certificate should also bring a marriage certificate. 2. Profile ownership of property ownership related to the content of the notarization agreement of the pre -marital property, such as real estate certificate, purchase of housing contracts and payment invoices that have not obtained a property right certificate. 3, text and electronic version of the notarization of the pre -marital property agreement between the two parties. The content of the agreement generally includes the basic situation of individuals' names, gender, occupation, and address; the name, quantity, value, status, and belonging of the property; the principles of the use, maintenance, and punishment of the above -mentioned marriage property. The signature and contract date on the agreement requires notarization to review the agreement on the notary in person. (2) After preparing the above materials, the two parties must go to the notary office in person, and cannot entrust others to act or a person to do a notarized property before marriage. (3) After the notary application is accepted by the notary of notarization, the notary officer reviews the right to the property agreement to review the right to the property; check whether the parties' contract is deceived or misled. The parties should answer the questions from the notary truthfully, and the notary will fulfill the necessary legal notification obligations and tell the parties that the legal obligations and legal consequences shall assume the legal obligations and legal consequences. confirm. The transcript is preserved in the notary file as a legal effect. (4) The two parties signed the property agreement on the pre -marital property agreement in front of the notary. At this point, the procedure for the notarization of the pre -marital property notarization is completed.
How many ways to protect personal property before marriage? If marriage will naturally involve property, although the new "Marriage Law" implemented in 2001 stipulates that "one party's pre -marital property belongs to personal property", which has changed the marriage law before marriage. After several years of property, the property will be transformed into the joint property of the husband and wife. However, in order to better protect the personal property, in addition to some people choose to make a pre -marital property fair, many people come up with some "new tricks". : Although many newcomers are rejected by the fairness of pre -marital property, there are also some newcomers who violently procedures for pre -marital property in the marriage registration center. : In addition to this, some newcomers chose to use the written form to stipulate the ownership of personal property, and vigorously promote the "AA" system of husband and wife property; there are also some parents who are worried about their children's marriage to have property disputes. Large property is registered under your own name or under the name of both parties. It is understood that there are many remarriage among these personal property protection measures, because they have experienced a marriage change, and they will pay special attention to the property ownership in marriage. Among the newlywed couples, there are relatively few choosing a pre -marital property agreement. After all, young people are full of beautiful longing for love and marriage, and they are unwilling to allow money to "defile" pure love and marriage. Attachment: What is the personal property before marriage The property before marriage refers to the property that the husband and wife had already obtained before marriage. The pre -marital property of the husband and wife, whether it is a property or a real estate, is a tangible property or an intangible property. As long as it is legally obtained, it will be protected by law according to law. If in the corresponding regulations such as the early marriage law in my country, the pre -marital property was not stipulated, and all property after the default was public property of both parties. However, the amended marriage law stipulates that one of the pre -marital property is one of the couples, and the relevant regulations: Article 18 There are one of the following situations, the property of the husband and wife party: (1) The pre -marital property of one party ... The property that husband and wife may agree on the property obtained during the existence of marriage and pre -marital property belongs to their respective, common ownership or part of each, and part of the common ownership. The agreement shall be made in writing. If there is no agreement or an agreement is unclear, the provisions of Article 17 and 18 of this Law are applicable. (Citation note: Here 17 and eighteen, that is, the most of the property during the existence of the relationship between the husband and wife is common, and the property before marriage and other eligible belonging to one party owned) The agreement of pre -marital property is binding on both sides. The property agreed on the property obtained during the existence of the marriage relationship is attributed to the owners, and the third party knows the agreed debt that should be loses to the debt of the husband or wife.
1. Whether the property before marriage will be converted into a husband and wife common property
The netizens ask questions: Mr. Zhang and I have recently prepared to register for marriage. Both of us are remarried and each has a child. To prepare for marriage, I bought a house. In addition, I have a store for rent. Both real estate are my personal property. In order to avoid disputes between the two parties due to property problems, I hope to be a notarization of pre -marital property with Mr. Zhang, but he is unwilling. If we have no notarization of pre -marital property, is the two real estate after marriage transformed into common property?
The lawyer's answer: Article 19 stipulates: "Article 18 of the Marriage Law stipulates that all the property of the husband and wife party is not transformed into a common property of the husband and wife due to the continuation of the marriage relationship. Following the agreement, there is an agreement, and there is no appointment to be legal. In view of what you say, if you do not agree on the two real estate above, according to the above provisions of the marriage law, your store is for your personal property, and it will not be transformed into common property due to the continuation of the marriage relationship. You and Mr. Zhang are preparing to buy a house for marriage. If you have evidence to prove (such as a real estate certificate) is your personal property, it will not be converted into common property because of the continuation of the marriage relationship, but if you have no evidence to prove that it is yours, you are yours. Personal property, judicial practice is usually dealt with as the common property of husband and wife. To this end, it is recommended that you and Mr. Zhang agreed in advance to avoid disputes in the future due to property ownership.
2. How to protect pre -marital property
(1) Notarization of pre -marital property
Although the notarization of pre -marital property is in a state of controversy, some people think that the notarization of pre -marital property is a challenge for traditional concepts and hurts love; Some people think that doing notarization is equivalent to buying "insurance" to avoid divorce to tear her face to compete for property in the future. In any case, the notarization of pre -marital property is indeed one of the ways to ensure pre -marital property.
Mylodiability before marriage is an agreement reached an agreement before the marriage registration. When applying for notarization before marriage, the parties shall apply to the notary office signed by the place of residence or the place of agreement. (Such as the real estate certificate of all personal real estate); other related certification materials.
In actual life, not all property needs to be notarized. Generally speaking, the property that is easier to proof does not need to be notarized before marriage, such as real estate. And some valuable real estate, such as jade, gold and silver jewelry, deposits, etc., their property rights are in a state of change at any time, so it is best to apply for notarization.
(2) Signing a pre -marital agreement
Mo before marriage property agreement can be, men and women agreed on the ownership of the property obtained by the two parties before marriage and after marriage registration.
S sign to the property agreement before the marriage should be paid attention to:
a, the form must be written in writing. However, the following two situations have also been established:
a, and both husband and wife have no objection to the effectiveness of verbal agreements.
b, can prove that the two parties have verbal forms and have been fulfilled.
b, clarify the scope of pre -marital property. Generally, the deposits, real estate, cars, other valuables, etc. of both men and women.
c, clarify the proportion of sharing after marriage after marriage. After marriage, the property content that can be shared with lover, and the proportion of sharing should be clear. If it is only expressed as "a property before marriage", the legal understanding should be half per person.
D, the description of property should be clear. Avoid that the agreement is invalid due to the unclear property description. For example, the description of real estate, when many partners have a pre -marital property agreement, for the pre -marital property of one party, "the houses of a certain community are owned by the two parties", the correct description should be "located in a city (county) xx street XX number XX number No. XX The property is owned by both parties. "
e, set the conditions and time for the effectiveness of pre -marital property. If the effectiveness of the agreement is not specially agreed, it usually takes effect after marriage registration. In many cases, in order to increase the publicity of the pre -marital property agreement, the parties will increase the restrictions on the effect of notarization by notarization or the witness of the lawyer. Of course, as long as the pre -marital property agreement does not violate legal provisions, even if it is not notarized, it has legal effect.
F, men and women must sign and indicate time.
g, pre -marital property agreement can be signed before marriage or can be signed after marriage.
(3) Evidence of preservation of personal pre -marital property
a, the property obtained before marriage before marriage.
In general, the date of acquisition of property such as automobiles, real estate, passbooks, and company shares is well -founded. As long as the marriage registration date can be identified as personal pre -marital property. For example, real estate only needs to provide real estate certificates or the "commercial housing trading contract" that has been prepared, and it can easily prove without other evidence.
It other real estate such as jewelry, antiques, home appliances, etc., it is best to provide regular invoices as favorable proof. If there is no invoice, you can also prove it through contracts, payment vouchers (preferably bank transfer credentials), receipt, etc.
b, the property obtained after marriage after marriage
has to remind that before marriage, the property may change after marriage. For example, the following situations will turn personal property before marriage into post -marital property:
① Pre -marital deposits will expire after marriage, remove and re -deposit in;
R n ③ The property before marriage becomes sold after marriage;
④ before marriage to invest in the stock market, it continues to operate in the stock market after marriage.
, as long as one party can prove that the property obtained after marriage is transformed from the property before marriage, it is still regarded as his personal property before marriage. For example, the bank's credentials, new deposits, new deposit orders are provided when providing photocopies, withdrawals and deposits; pre -marital deposit deposit, withdrawal credentials, and car invoices; photocopies of old real estate, house trading contracts, receipt copies, tax payment vouchers, deposit vouchers, and so on.
Is as for the stock market, Mr. Chen Chen said, "As long as the stocks that have been operated and managed after marriage, the value-added part should belong to the common property of both husband and wife." In a brief example, Mr. Zhao has several stocks before marriage. After marriage, he had operated the operation and management management of his stock account, which made his stock appreciate. This artificial value -added not only benefits from Mr. Zhao's strong management, but also due to the effort and cooperation of his wife. Therefore, the stock appreciation part can be used as a common property of husband and wife.
(4) Buy insurance before marriage
If offs on insurance contracts before marriage, such as fund insurance contracts, dividend life insurance contracts, etc., and purchased by personal property before marriage, which is regarded as personal property, and then should then should then should The income generated by insurance is also personal property. It should be noted that whether the insurance purchased before marriage depends on the payment form of purchase insurance. If you pay the premium before marriage, it is a personal property; if there is also renewal after marriage, the premium paid during the marriage is the common property of the husband and wife. That is, it belongs to the personal property only to establish an insurance contract before marriage and pay premiums before marriage.
Specifically, how to notify the personal property before marriage, you need to go through the following four steps:
(1) The parties need to prepare the following materials:
1, personal identity certificate, such as ID cards, hukou books, there are, there is any The wedding certificate should also bring a marriage certificate.
2. Profile ownership of property ownership related to the content of the notarization agreement of the pre -marital property, such as real estate certificate, purchase of housing contracts and payment invoices that have not obtained a property right certificate.
3, text and electronic version of the notarization of the pre -marital property agreement between the two parties. The content of the agreement generally includes the basic situation of individuals' names, gender, occupation, and address; the name, quantity, value, status, and belonging of the property; the principles of the use, maintenance, and punishment of the above -mentioned marriage property. The signature and contract date on the agreement requires notarization to review the agreement on the notary in person.
(2) After preparing the above materials, the two parties must go to the notary office in person, and cannot entrust others to act or a person to do a notarized property before marriage.
(3) After the notary application is accepted by the notary of notarization, the notary officer reviews the right to the property agreement to review the right to the property; check whether the parties' contract is deceived or misled. The parties should answer the questions from the notary truthfully, and the notary will fulfill the necessary legal notification obligations and tell the parties that the legal obligations and legal consequences shall assume the legal obligations and legal consequences. confirm. The transcript is preserved in the notary file as a legal effect.
(4) The two parties signed the property agreement on the pre -marital property agreement in front of the notary. At this point, the procedure for the notarization of the pre -marital property notarization is completed.
How many ways to protect personal property before marriage?
If marriage will naturally involve property, although the new "Marriage Law" implemented in 2001 stipulates that "one party's pre -marital property belongs to personal property", which has changed the marriage law before marriage. After several years of property, the property will be transformed into the joint property of the husband and wife. However, in order to better protect the personal property, in addition to some people choose to make a pre -marital property fair, many people come up with some "new tricks".
: Although many newcomers are rejected by the fairness of pre -marital property, there are also some newcomers who violently procedures for pre -marital property in the marriage registration center.
: In addition to this, some newcomers chose to use the written form to stipulate the ownership of personal property, and vigorously promote the "AA" system of husband and wife property; there are also some parents who are worried about their children's marriage to have property disputes. Large property is registered under your own name or under the name of both parties.
It is understood that there are many remarriage among these personal property protection measures, because they have experienced a marriage change, and they will pay special attention to the property ownership in marriage. Among the newlywed couples, there are relatively few choosing a pre -marital property agreement. After all, young people are full of beautiful longing for love and marriage, and they are unwilling to allow money to "defile" pure love and marriage.
Attachment: What is the personal property before marriage
The property before marriage refers to the property that the husband and wife had already obtained before marriage. The pre -marital property of the husband and wife, whether it is a property or a real estate, is a tangible property or an intangible property. As long as it is legally obtained, it will be protected by law according to law.
If in the corresponding regulations such as the early marriage law in my country, the pre -marital property was not stipulated, and all property after the default was public property of both parties. However, the amended marriage law stipulates that one of the pre -marital property is one of the couples, and the relevant regulations:
Article 18 There are one of the following situations, the property of the husband and wife party:
(1) The pre -marital property of one party ...
The property that husband and wife may agree on the property obtained during the existence of marriage and pre -marital property belongs to their respective, common ownership or part of each, and part of the common ownership. The agreement shall be made in writing. If there is no agreement or an agreement is unclear, the provisions of Article 17 and 18 of this Law are applicable. (Citation note: Here 17 and eighteen, that is, the most of the property during the existence of the relationship between the husband and wife is common, and the property before marriage and other eligible belonging to one party owned)
The agreement of pre -marital property is binding on both sides.
The property agreed on the property obtained during the existence of the marriage relationship is attributed to the owners, and the third party knows the agreed debt that should be loses to the debt of the husband or wife.