Can the husband and wife agree on the division of property after marriage?

The property agreement after marriage is valid.

Article 19 of China's new "Marriage Law" stipulates that the property of husband and wife may be agreed upon for property acquired during the existence of the marital relationship, as well as property owned separately or jointly owned or partly separately owned and partly jointly owned. The agreement shall be in writing.

Where there is no agreement or the agreement is not clear, 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 shall be 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 husband or wife bears it to the outside world, and the third party is aware of the agreement, it shall be paid off with the property owned by the husband or the wife.

In China, the effect of the marital property agreement is higher than that of the legal marital property joint system. The joint system of marital income is a legal system of matrimonial property, and as long as the husband and wife do not have a property agreement, the law presumes that the system of joint property of the husband and wife is adopted. However, if the husband and wife have entered into a valid or no agreed property property, it is considered to be jointly owned.

The agreement between the husband and wife on personal property must be signed in writing and the content of the property must comply with the law before it can take effect. 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 between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

However, if the external counterpart is not known, then it will not take effect on the counterpart.

Legal analysis: The division of property between husband and wife after marriage can be agreed. The property of the husband and wife may be agreed upon during the existence of the marital relationship and the property shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing.

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

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.

The husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and if the husband or wife is aware of the debts owed to the outside world, the personal property of the husband or wife shall be paid off with the personal property of the husband or wife.

The division of marital property between the spouses can be agreed upon. In the case of divorce, the division of property will first consider the agreement of the parties, and if there is no agreement, the court will divide the property according to the principle of taking care of the children, the woman or the innocent party. The law also stipulates that if there is bigamy or cohabitation that results in divorce, the innocent party can claim damages.

Article 1087 of the Civil Code of the People's Republic of China provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement fails, the people's court shall, on the basis of the specific circumstances of the property, make a judgment 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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 1088 of the Civil Code of the People's Republic of China provides that if one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Article 1091 of the Civil Code of the People's Republic of China has any of the following circumstances, and if a divorce is caused, the party who is not at fault has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

Before the divorce between the husband and wife, the parties may negotiate and agree on the division of property.

The division of property between husband and wife after marriage may be agreed upon. Husband and wife must be equal and voluntary in handling the property relationship of husband and wife in the form of agreement, and neither party is allowed to force or threaten the other; A man and a woman may make property agreements at any time before or after marriage; As long as the agreed property is lawfully obtained by the husband and wife, the husband and wife can freely determine the content, and can make an agreement on part of the property, or Huilun can also make an agreement on all the marital property.

Legal basis

According to Article 1065 of the Civil Code of Qingbi Prefecture, a man and a woman may agree that the property acquired during the marriage relationship and the property before marriage shall be owned separately and jointly or partly separately and partly jointly. The agreement shall be in writing.

The division of property between husband and wife after marriage may be agreed upon. Husband and wife must be equal and voluntary in handling the property relationship of husband and wife in the form of agreement, and neither party is allowed to force or threaten the other; Men and women may make property agreements at any time before or after marriage; As long as the agreed property is lawfully obtained by the husband and wife, the husband and wife are free to determine the content, and they can make an agreement on part of the property, or they can make an agreement on the entire marital property.

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 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.

Legal analysis: The division of property between husband and wife after marriage can be agreed. Husband and wife must be equal and voluntary in handling the property relationship of husband and wife in the form of agreement, and neither party is allowed to force or threaten the other; A man and a woman may make property agreements at any time before or after marriage; As long as the agreed property is lawfully acquired by the husband and wife, the husband and wife may freely determine the contents, and may make an agreement to dispose of part of the property, or they can make an agreement to dispose of all the marital property.

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 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.