Is the marital property agreement valid

The Marriage Law stipulates that husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be separately or jointly owned or partly separately and partly jointly owned. The agreement shall be in writing. However, the validity of the marital property agreement depends on whether it meets the following circumstances:

First of all, the marital property agreement stipulates that it must be established on the basis of equality, voluntariness and consensus between the husband and wife, and if there is coercion or fraud, then the agreement will be invalid. Secondly, in the agreement, only the property of both parties can be agreed upon, but not the property of others, and if the content of the agreement infringes on the interests of the state, the collective or other third parties, such an agreement is also invalid. Again, the agreement is best in writing.

Finally, as long as it is a legal and valid marital property agreement, it will take effect after both parties sign and seal, and it will also be binding on the parties. However, it should be noted that such an agreement is not legally enforceable. That is, if one party fails to perform its obligations in accordance with the content of the agreement, the other party cannot directly take the agreement and apply to the court for enforcement.

Legal basis: Article 19 of the Marriage Law of the People's Republic of China [Agreement on Marital Property] Husband and wife may stipulate that the property acquired during the marriage relationship and the property before marriage shall be owned separately, 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.

A marital property agreement means that the husband and wife may stipulate that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.

Effect of the marital property agreement:

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. Because the marital property agreement agreed by the husband and wife is also a kind of contract, as long as it is a contract established in accordance with the law, it will take effect from the time of its establishment.

The useless provisions of the marital property agreement:

1) The property belongs to the children.

Many couples will consider the custody of their children in the future when making property agreements, and will agree that a certain part of the property will be owned by the children. However, in practice, although such property agreements are made, these assets are still controlled by the parents. From a legal point of view, the gift was not fulfilled.

Of course, a gift that has not been completed does not take effect. In practice, such invalid agreements are not uncommon, and of course they all end in invalidity.

2) The immovable property belongs to one party but the property rights have not been changed.

It is also an act of unfinished gift to stipulate that the pre-marital real estate and other immovable property in the name of one party are jointly owned after the marriage, but the property rights are actually changed by going through the formalities of changing the name of the property. In the event of a final dispute, it is also impossible to obtain confirmation.

3) Whoever files for divorce has no property.

Whoever mentions divorce will leave the house" often becomes a loving promise in the marital property agreement, so that either party will discourage the idea of divorce and run the marriage wholeheartedly. In practice, such agreements are often considered to be invalid as restricting the right to freedom of divorce.

Limitation on the validity of marital property agreements:

1) Exemption from the obligation to support children.

The upbringing of children is a parent's duty and cannot be excused for any reason. In real life, there will be many requests to draw up marital property agreements on behalf of the unwillingness to have children, and whoever wants children will bear all the costs of raising the children. The validity of such agreements cannot be said to be completely null and void.

However, when the spouse who has committed to paying the child support in full is financially struggling and cannot afford to bear the child's upbringing expenses on his or her own, it is clear that the other party has a joint obligation to bear the child's support.

2) Debts to third parties shall be borne by one party.

Debts formed during marriage are generally recognized as joint debts of the husband and wife and should be borne jointly by both husband and wife. In the marital property agreement, it may be stipulated that the debts owed by one party to the outside world shall be borne by the party himself. However, such an agreement to assume the respective debts is only valid if there is evidence that the creditor is aware of the agreement.

Otherwise, the creditor may require the husband and wife to be jointly and severally liable.

3) Exemption from the obligation to support husband and wife.

In the matrimonial property agreement, stipulating that each party's property belongs to each other does not mean that they will not bear the family's living expenses. Some of the expenses of family life are unforeseeable, and if they are not agreed in the agreement, they should obviously be borne by both parties. It should be noted that the fact that each party's property belongs to each other does not exempt the husband and wife from their obligation to provide support, and the other party should actively bear the responsibility when one party needs medical treatment due to illness.

Is a marital property agreement valid?

Yes.

1. A marital property agreement that has been signed and confirmed by both husband and wife and whose content does not violate the law and public order and good customs is legally valid.

2. Legal basis: Civil Code

Article 1065: [Property System for Husband and Wife Agreements] A man and a woman may agree that property acquired during the existence of the marital 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.

Legal Analysis: The marital property agreement is valid. The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately, jointly or partly separately and jointly by the ministers. The agreement shall be in writing.

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

Where there is no agreement or the agreement is not clear, the agreement between the husband and wife on the property acquired during the existence of the marital relationship and the property before the marriage shall be 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.

Effective.

In order to maintain the stability of the marriage during the marriage period, the husband and wife may make a property agreement by signing an agreement on the division of marital property. A marital property division agreement is different from a divorce property division agreement and a prenuptial property notarization, which is an agreement between the husband and wife on the ownership of their respective personal and joint property during the marriage.