Do premarital assets need to be just? Whether pre marital property needs to be justified

No, the premarital property is yours, the marital is still yours, your spouse can't be divided, you don't need to go to the notarization, if you go to the notarization is also possible, but there is really no need for this, such as real estate, cars, etc. are registered, it is not easy to distinguish between some jewelry, antiques or something, these can need to be notarized, or you sign an agreement to say that a certain item is your pre-marital property.

Hope it solves your problem.

1. The husband and wife may reach a consensus through consultation and may enter into a written property agreement to determine whether the property acquired during the existence of the marital relationship and the premarital property shall be owned separately or jointly or partly separately or partly jointly, and the scope of premarital property shall be determined, so as to make it clearer and save property disputes arising from marital disputes in the future.

2. The premise of the property agreement to take effect is that the content of the agreement is clear and specific, and it is the true expression of the intention of both parties, and it does not violate the provisions of the law, and the property agreement that meets the above conditions will take effect.

Article 19 of the Marriage Law provides that husband and wife may stipulate that the property acquired during the marriage relationship and the property before marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

Article 55 of the General Principles of the Civil Law provides that civil juristic acts shall meet the following conditions:

1) The perpetrator has the corresponding capacity for civil conduct;

2) The meaning is genuine;

3) It does not violate the law or the public interest.

Hello! If notarized, it may hurt the feelings of your husband and wife and will leave a shadow for later life. From a legal point of view, notarization is not necessary at all, and the purchase time of your house and car has already shown that it is your pre-marital property, is it still necessary to notarize? Repeatedly!

1. Premarital property does not need to be notarized;

2. Even if one party uses pre-marital personal savings to purchase tangible property after marriage, since this is only a change in the form of property value, and its value acquisition begins before marriage, that is, it is generally recognized as the personal property of one party, so it does not need to be notarized.

Article 18 of the Marriage Law [Property of one of the husband and wife] In any of the following circumstances, it is the property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;

3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Legal analysis: It is not necessary to notarize the property before marriage. That is, China's law does not force the notarization of premarital property, and whether it is notarized only needs to be confirmed according to the subjective will of the parties.

In addition, the failure to notarize does not affect the validity of pre-marital property, but only notarized pre-marital property can be used as the basis for determining facts, unless there is evidence to the contrary sufficient to overturn the notarization.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China A man and a woman may agree that property acquired during the marriage relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing.

Where there is no agreement or the agreement is unclear and absent for group tours, the provisions of articles 1062 and 1063 of this Law apply. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. If the husband and wife agree that the property acquired during the existence of the marital relationship shall be owned by each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or the wife shall be paid off.

Article 36 of the Notarization Law of the People's Republic of China: Notarized civil juristic acts, facts and documents with legal significance shall be the basis for determining facts, except where there is evidence to the contrary sufficient to overturn the notarization.

Legal analysis: Generally, real estate does not need to be notarized under the following circumstances: 1. One party has obtained the property right certificate before marriage.

2. If the house lived in after marriage is the house of your parents or the public house you rent, the judgment standard is based on the house ownership certificate. 3. The full payment has been paid before marriage, and the real estate certificate can only be obtained after marriage. In this case, ownership of the property is not defined by the date of receipt of the title deed.

4. Before marriage, the mortgage purchase has gone through the loan procedures, and the purchase contract and the bank loan contract are signed in their own name. In this case, the house is personal property before the marriage, but the part of the loan repaid after the marriage is the joint property of the husband and wife, and half of the compensation should be given to the other party.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Personally, I am still able to accept premarital property notarization, I think premarital property notarization is indeed to a certain extent to defend love, we should not be too exclusive and disgusted with premarital property notarization, I think so, mainly based on the following reasons.

Although many young people think that premarital property justice at the time of marriage is a manifestation of a lack of mutual trust between each other, which will bury hidden dangers in each other's marriage, I don't see it that way, because real marriage is based on mutual understanding and mutual respect between each other, and premarital property notarization is out of a real understanding and respect for both parties, after all, the other party's property before marriage does not belong to them. After doing the premarital property notarization, I can make myself more down-to-earth, and I will not have too many worries in my heart when I marry the other party. Rough and upright.

On the other hand, accepting premarital property notarization can also dispel the concerns of both parents, although the vast majority of parents are eager for their children to be happy in the future marriage, and the marriage can be stable, but many parents are also very realistic and rational, they are also afraid that their children will encounter some changes in marriage, and let their children suddenly become helpless and carry out premarital property notarization, which can largely dispel the concerns of parents, so that these parents have a greater sense of security, of course, If two people truly love each other, sincerely and for a long time, and maintain the marriage, then they will not mind each other's requests for premarital property justice.

I can accept the notarization of pre-marital property, and I think it is very fair. What you get through your own efforts before marriage belongs to the individual, and what you work together after marriage belongs to both parties, and sometimes it is better to distinguish a little clearly.

I don't think there is a need for property notarization for pre-marital real estate, but the deposit must be notarized. This is also for those who have savings, there are many young people who get married without savings, and all the money spent to buy a house. For these people, pre-marital property seems to be of no use at all, because there is no property to be notarized.

It is often the two parties with better family backgrounds who choose premarital property notarization, and their personal savings are very large before marriage, and this part of personal savings must be notarized before marriage. It is possible that they have siblings at home, so the money cannot be handed over to their parents, and it is more appropriate to do a prenuptial notarization.

I think the certificate of the god withering before marriage is very reasonable, and it is the result of my own struggle and efforts before marriage. And the other half is not involved in the process at all, so why not make it clearer? Property after marriage is joint property, but property before marriage must be notarized.

Because the current marriage relationship is changing too fast, who knows when it will be divorced because of something. It's all about thinking about yourself, and it doesn't hurt to think about yourself a little bit more. If you don't do a blind notarization of premarital property, then there is no way to prove that those deposits are premarital property, and part of the money will be divided into half of the other party at the time of divorce, who wants to?

There is no distinction between men and women in this matter, so I think it is very fair to notarize property before marriage. It is a very fair thing to preserve the results of the efforts of both parties before the marriage.

Premarital property justice is necessary, if your family has a big business, then premarital property notarization can have sufficient protection for your premarital property.

The procedure for notarization of pre-marital property is determined on a case-by-case basis. First of all, the party applying for notarization should submit the preparation of relevant materials, such as ID card and prenuptial property agreement; Then both the man and the woman go to the scene in person, submit a notarization application, fill in the application form, and sign the prenuptial property agreement; Finally, within the specified time limit, you can collect the notarial certificate at the notary office with the fee receipt. Generally, the notary public will issue the notarial certificate within 15 working days from the date of acceptance of the notarization application.

[Legal basis].Notarization Law of the People's Republic of China Article 25 A natural person, legal person or other organization may apply for notarization to a notary public at the place of domicile, habitual residence, place of conduct or place of fact.

An application for notarization involving immovable property shall be submitted to the notary public at the place where the immovable property is located; The provisions of the preceding paragraph may apply to applications for notarization of entrustment, declarations, gifts, and wills involving immovable property.