-
There is no fixed form for a family property division agreement, as long as the requisite requirements are met. In practice, the necessary elements include:
The parties expressed the same intention, i.e., there was no objection to all matters concerning the division of property.
The property to be divided must have full property rights, otherwise the part of the property that has no right to dispose of is invalid if it is written into the agreement.
Write clearly the ownership of each item in the agreement, and it is best to indicate the value to avoid disputes in the future.
A copy of the agreement is in possession and each copy is checked against the original.
Sign the name and date.
If you are not at ease, go to the notary.
Please note that it is recommended that the signature or seal of the person concerned and the date of signing of the agreement must be indicated. The land on which the house is built should be called the "homestead".
-
If it is the old father's property, you can write a gift agreement, which belongs to your old father's own property, and he can dispose of it freely. After writing, you can consider notarization.
For more information on how to write a gift agreement, please refer to the following link.
-
The agreement is valid and can state that the other children agree that the second son will agree to the agreement, rather than according to the will.
-
1. How to write a family property division document? Contractor: Male:
Gender, age, ethnicity, unit, address) Woman: (gender, age, ethnicity, unit, address) Witness: Gao Moumou, lawyer of the law firm.
Mr. Li, a lawyer at a law firm. Since the marriage of the male and female, the relationship has been incompatible for a long time, and the two parties have decided to divorce through coordination. The following agreement is hereby reached on matters related to the division of family property:
1.During the existence of the marital relationship, the property includes a deposit of yuan, as well as a number of household utensils. Since the woman was raising the children, only her own clothes and books were taken from the family's belongings, and the rest belonged to the woman.
2.Pre-marital property remains the property of each other, and there is no dispute between the parties over their respective property. 3.
The current house is owned by the man's unit. Automatically move out after the divorce application is approved. The above agreement was carried out under the auspices of the trade union of the man's unit, in line with the principle of equality and voluntariness, and it is hoped that the civil affairs authorities will approve it.
This model agreement for the division of family property shall be made in four copies, one for each man and one for each woman, and one for the witness. Male (Signed): Female (Signed):
Date Date Year Month Day 2. Family Joint Property The provisions of the Marriage Law: Article 17 The following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) Wages and bonuses; (2) Income from production and operation; (iii) proceeds from intellectual property rights; (4) Property acquired by inheritance or donation, except as provided for in Paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property. Article 18: In any of the following circumstances, it is the property of one of the husband and wife: (1) The premarital property of one party; (2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury; (iii) property identified in a will or gift contract as belonging 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 party.
Judicial Interpretation II of the Marriage Law: Article 11 During the existence of the marital relationship, the following property falls under the provisions of Article 17 of the Marriage Law"Other property that should be jointly owned": 1) The income obtained by one party from the investment of personal property; (2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women; 3) Pension insurance funds and bankruptcy resettlement compensation that both men and women actually obtain or should obtain.
The legal terms are basically here, and if you don't understand it, you can ask. In recent years, with the change of citizens' concept of marriage, there will be more and more couples who will choose to divorce because of some trivial matters, so after the husband and wife go through the marriage registration procedures, the income of both parties belongs to the joint property in the marriage, and the joint property also needs to be divided when going through the divorce procedures, and if one of the parties does not agree with the division decision, it can also be resolved through litigation.
-
Legal analysis: If the husband and wife jointly invest in the establishment of a company, they shall use their respective property as the registered capital and bear the corresponding responsibilities. Therefore, both husband and wife should submit a certificate of property division when registering the company.
During the existence of the husband and wife relationship, the shares of the company in the name of the husband or wife belong to the jointly owned property of the husband and wife, and as joint co-owners, the husband and wife enjoy equal rights to occupy, use, benefit and dispose of the property.
Legal basis: Civil Code of the People's Republic of China
Article 1063: The following property of husband and wife is the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
(4) Daily necessities for the exclusive use of one side;
(5) Other property that shall belong to one party.
Article 1087:Disposition of the joint property of the husband and wife at the time of divorceIn the case of divorce, where the joint property of the husband and wife is to be disposed of by agreement between the two parties, the people's court is to make a judgment on the basis of the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by the husband or wife in the contracting and operation of family land shall be protected in accordance with the law.
-
1. Header. 1) Title. The "property division agreement" or "division order" or "property division contract" should be indicated.
2) The basic information of the identity of the parties. The name, gender, age, ethnicity, place of origin, occupation or work unit, position, address and other basic information of the two or more co-owners participating in the property separation should be clearly stated, and the relationship between them should also be indicated.
2. Text. 1) The reason for the division of production. The specific reasons should be briefly stated on a case-by-case basis.
2) The specific distribution (property separation) plan clearly states the specific plan for the division of property by the co-owners and the name, quantity, and location of the property to be divided. Indicate the specific property share of each co-owner. If a large amount of property is shared, a list should be drawn up, explained separately, and the list should be specifically indicated in the sub-list as part of the sub-list.
3. Tail. The contractor and the witnesses shall sign and seal respectively, and indicate the time when the contract was made. After the lawyer writes on behalf of the lawyer, he should also indicate his name and the name of the law firm he works for on the sub-sheet. Where a lawyer writes on behalf of a lawyer and serves as a witness, the identity of the witness shall be clearly stated.
1. How to write a real estate will.
The contents of the estate will are as follows:
1) Title. 1) Write a will.
2) The basic information of the testator, indicating the name, gender, age, place of origin, address, etc. of the deceased.
2. Text. 1) Specify the reasons why the testator made the will.
2) Specify the name, amount and location of all the property owned by the testator.
3) Indicate the testator's opinion on the handling of the estate.
4) Specify the number of copies of the Will made.
5) Specify the time and place when the Will was made.
3. Tail. They should be signed or sealed by the testator, witnesses, scriveners, etc., and the date of the will should be indicated.
2. How to write a real estate will.
The main points of an estate will are as follows:
1. Header: Title. Establish the basic information of the testator;
2. Text: explain the reasons why the testator made the will. Specify the name, amount and location of all the property owned by the testator. Clarify the testator's opinion on the handling of the estate. Indicate the number of copies of the Will. Specify the time and place when the Will will be made;
3. Tail. It shall be signed or sealed by the testator, witnesses, and scriveners, and the date of the will shall be indicated.
Due to the different circumstances of the testator, the writing of a will is not necessarily limited to the above format, but it must be valid to be legally valid.
Marital property agreement, letter law.
A second marriage is a second marriage after marriage, divorce or widowhood. In the case of a second marriage and a second divorce, as in the case of the first divorce, individual property cannot be divided, but joint property can be divided. Personal property for remarriage usually refers to property acquired by one of the spouses before the remarriage. >>>More
The division of divorce property refers to the division of the joint property of the husband and wife at the time of divorce, which refers to the division of the joint property of the husband and wife into their respective personal property in accordance with the law at the time of divorce. Articles 17 to 19 of the current Marriage Law specify that the joint property of the husband and wife is the property acquired during the existence of the relationship between the husband and wife, and stipulates the content of the joint property of the husband and wife in the form of enumeration and generalization. At the time of divorce, if the parties have an agreement on lawful marital property, the agreement shall be followed. >>>More
What documents need to be provided for the lawsuit.
Due to the low enthusiasm of domestic people for insurance. In the event of a disaster, the responsibility for rescue is shifted to **. And **'s rescue capacity is limited. >>>More