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Premarital Property Justice:
1. The parties should prepare the following premarital property materials:
Personal identity certificate: such as ID card, household registration booklet, the applicant's unmarried certificate (the certificate is issued by the personnel department of the applicant's unit or the sub-district office where the household registration is located), and if you are married, you should also bring a marriage certificate;
Proof of property ownership related to the agreed contents, such as property ownership certificates, purchase contracts with property rights without obtaining property rights deeds, and payment invoices;
A letter of agreement reached by consensus. The content of the agreement generally includes: the basic personal information of the parties, such as their names, genders, occupations, and addresses; the name, quantity, value, condition, and ownership of the property; The above-mentioned principles for the use, maintenance, and disposal of premarital property, etc.
2. After preparing the above materials, both parties must jointly go to the notary office to submit an application for premarital property notarization in person and fill in the application for notarization**. Entrusting another person** or a person to do premarital property notarization will not be accepted.
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Because the current owner of the house is your sister, you can't use this house as a pre-marital property for notarization now. If you can change it to your name after two years, you can go for property notarization. If you do it after two years, it is a notarization of the gift contract, proving that the house is a gift to you.
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Oh, no, when the time comes, you and your sister can sign a real estate gift agreement, no notarization is required, and your wife will not be able to share the house given to you by your sister when you divorce!
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The latest regulations of the Marriage Law stipulate that if you give a written agreement, you can also be notarized by a notary office, but to tell you that the house will be repaid after marriage, so that part of the house is shared by your husband and wife, but not all, and the appreciation of the house in the future, your wife also has a share, and you also have a share of the repayment of a household.
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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.
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Legal Analysis: Notarization Process of Premarital Property:
1. After the parties prepare the relevant materials, both parties must go to the notary office in person to handle it, and cannot entrust others.
2. After the notarization application is accepted by the receiving notary public, the notary will review the proof of property rights on the content of the property agreement.
3. Ask whether the parties have been deceived or misled in their contract.
4. Both parties sign the prenuptial property agreement in front of the notary.
Legal basis: Article 11 of the Notary Law of the People's Republic of China According to the application of a natural person, legal person or other organization, the notary public shall handle the following notarization matters:
a) Contracts; b) inheritance;
3) Entrustment, declaration, gift, will;
4) Division of property.
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. >>>More
After marriage, regardless of whose name is on the title deed, unilateral name or both names, the property is considered to be the joint property of the husband and wife. Single certificates, bank loan certificates, etc., do not exclude the date on the marriage certificate and the real estate certificate, and the proof of the date before and after the marriage. According to Article 77, Paragraph 1 of the Civil Evidence Provisions, the probative force of public documents produced by state organs and social organizations ex officio is generally greater than that of other documentary evidence. >>>More
Pre-marriage refers to the marriage registration system implemented in China's Marriage Law, and the marriage of both men and women must go through the registration procedures of the marriage registration authority prescribed by law before the marriage is protected by law. Before and after marriage, the date of registration of marriage is the date of registration recorded in the marriage certificate, and the date of registration of marriage is the date of marriage. The premarital property of one of the spouses refers to the property acquired by one of the spouses before the date of marriage registration, and the premarital property belongs to the individual, which does not become joint property due to the length of the marriage, and may not be infringed upon by the party who is not the owner. >>>More
First of all, the transfer of property in divorce is aimed at the transfer of joint property of the husband and wife. There are different ways to transfer property in divorce depending on the property >>>More
Nowadays, there are many reasons for divorce, some people remarry soon after divorce, because the original joint property of the husband and wife has been disposed of at the time of divorce, so how to calculate the joint property of the husband and wife after the remarriage of the original divorce agreement has been disposed of has caused many troubles, so many parties come to consult me about this problem, after years of experience, I personally think that whether it is a divorce by agreement or a divorce by litigation, the joint property of the husband and wife has been disposed of at the time of divorce. The ownership of the joint property of the husband and wife that has been disposed of after the divorce of the parties shall be determined in accordance with the result of the disposition. After remarriage, the property that has been disposed of at the time of the previous divorce shall belong to the pre-marital property of both parties, and whether it is owned by one party or jointly owned by both parties depends on the result of the disposition of the property at the time of the previous divorce. According to the Marriage Act: >>>More