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Article 1065 of the Civil Code stipulates: "A man and a woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. "But the following issues need to be noted:
1) The agreed time.
The law does not provide for restrictions, and the spouses may make an agreement before marriage or during the marriage.
2) Scope of the agreement.
The spouses may make an agreement on the property during the marriage and on the property of the parties before marriage.
However, there must be no agreement on the ownership of property of the state, the collective, or others.
3) The content of the agreement.
The parties may agree that the property of both parties shall be jointly owned or their respective income shall be owned by each other;
It may be agreed that part of the property of both parties shall be jointly owned by both parties and part shall be owned by each party, or it may be agreed that part of the property of one party shall be owned by the other party.
4) The manner in which it was agreed.
The marital property agreement shall be in written form.
5) Binding Effect of Agreements.
Binding on the parties.
According to the above-mentioned legal provisions: "The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage shall be binding on both parties. Restraint on third parties.
When a third party knows the contents of the agreement, it is binding on the third party.
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The personal and lawful property belonging to both parties may be agreed to be the joint property of the husband and wife, and the joint property of the husband and wife during the existence of the marital relationship may also be agreed to be the personal property of one party. The premise is that both parties agree.
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Legal Analysis: Husband and wife may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing.
If the husband and wife agree that the property acquired during the marriage 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 property owned by the husband or the wife shall be paid off with the property owned by the husband or the wife".
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 not clear, 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 belong to 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 wife shall be repaid.
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