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Joint property of husband and wife: The donor needs to be clearly stated, and it is more prudent to specify the time of gift.
Housing Gift Template for Contract.
Donor (Party A): ID Number: .
ID Number: , Recipient (Party B): ID Number: .
Party A is Party B, in order to donate the house, Party A and Party B have reached a consensus through negotiation and signed the following house gift contract:
1. Party A (the relationship) voluntarily shares the location.
Title number: No., construction area: square meters of private housing donated to Party B free of charge. Party A warrants that the gift to Party B is the full ownership of the above house and is free from any third party recourse.
2. The above-mentioned time of handover of the donated house shall be the responsibility of Party A before the handover of the donated house, and Party B shall be responsible for the creditor's rights and debts after the handover of the donated house.
3. Party B voluntarily accepts all the property rights of the above-mentioned houses, and guarantees to go through the registration procedures for the change of property rights within 3 months from the date of handover of the houses. The party shall be responsible for the taxes and related expenses for the registration of the above-mentioned change of property rights.
4. Other agreed matters;
5. This contract shall come into force after notarization, and if either party breaches the contract, the breaching party shall compensate the non-breaching party for the actual losses caused by it according to law. In the event of a dispute in this contract, both parties can negotiate to settle it, and if the negotiation is inconsistent, they can apply to the Anshan Arbitration Commission for arbitration or file a lawsuit in the court where the property is located.
Signature of Party A (donor): 、
Signature of Party B (donee):
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Hello, it is recommended to find a lawyer for a face-to-face consultation.
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1. The basic identity information of both husband and wife;
2. Brief introduction of property information;
3. Liability for debts;
4. Description of personal property;
5. Other agreed matters;
6. Liability for breach of contract by both parties.
This is a template for a property gift agreement between husband and wife, I hope it will be helpful to you. You can too
Agreement on the gift of property between husband and wife.
Party A (male): ID number, place of origin, occupation, address, contact**
Party B (Woman): ID Number, Nationality, Occupation, Address, Contact**
After equal consultation, both parties A and B (husband and wife) hereby make an agreement on the ownership of their respective properties and notarize them
Article 1 The parties shall register their marriage on xx-xx-xx, and the property (including movable property, immovable property, tangible assets, etc.) in their respective names before and after marriage shall be owned by each party in perpetuity
1) The man's pre-marital (post-marital property): property list).
2) Woman's pre-marital (post-marital property): Property list).
Article 2 The benefits arising from the appreciation and transfer of the property under each name shall also belong to each of them and shall have nothing to do with the other party.
Article 3 The creditor's rights and debts under the names of both parties shall be enjoyed and borne independently by each other, and shall not be involved with the other party.
Article 4 The debtor has the obligation to let the creditor know the debts agreed in this agreement for the debts owed by either party A and Party B, and if the debtor fails to perform the obligations and the court makes a judgment that the other party to this agreement repays the debts on behalf of the debtor, the debtor shall transfer the creditor's rights to the repaying party.
Article 5: Medical expenses, living allowances for the disabled, and daily necessities for the exclusive use of one party due to bodily injury to one party are the exclusive property of the individual and belong to that party.
Article 6 There is no other property dispute between Party A and Party B.
Article 7 This agreement shall come into force after being notarized by the public inspection and transportation authority, and shall be in duplicate, and Party A and Party B shall each hold one copy as evidence.
Party A (Signature): Party B (Signature):
YYYYYYYYYYYYYYYYYYYYYYYYYYYYY
Please note: Due to transcoding, some of the content of the document may lose a few words and make the document flawed, please be sure to read it from beginning to end to confirm that there is no problem before using it
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1. The basic identity information of both parties A and B;
2. Brief introduction of real estate information;
3. Explanation of room payment and tax bearing;
4. Rights of both parties;
5. Other agreed matters;
6. Liability for breach of contract.
Here is a template for a marital property gift agreement, I hope it will be helpful to you. You can too
Marital property gift agreement.
Party A (Donor):
Father: ID Number:
Mother: NIC Number:
Party B (Donee):
Party A and Party B are parents and daughters. Party A voluntarily contributed to the purchase of a property in the community for Party B and donated it to Party B. The parties voluntarily entered into a gift of property agreement as follows:
Article 1: Party A voluntarily contributes to Party B for the purchase of a property on the unit floor of the community building and gives it to Party B, and Party B voluntarily accepts the payment.
The specific condition of the house is as follows:
1) Located in the Tianqinyuan Community, Sibaoshan Street Office Road, with a construction area of square meters;
2) The ownership certificate number of the donated house is:
3) The floor plan of the house and its four to the extent are shown in Annex I.
4) The method of obtaining land use rights is transfer.
The land use right within the scope of the house is donated to Party B along with the house.
The relevant rights and interests of the house are donated to Party B together with the house.
Article 2: All the housing fees and taxes of this property shall be paid by Party A on behalf of Party B. Party B comes forward to sign a contract for the sale and purchase of commercial housing with the developer, goes through the relevant procedures of the property and obtains the ownership certificate of the real estate.
Article 3: Party B shall not mortgage, resell or lease the property to others without the written consent of Party A, otherwise the mortgage, resale or lease shall be invalid. Party B has fully understood and understood this clause.
Article 4: At the time of signing this contract, Party B is married. According to Party A's wishes, the property purchased by Party A in the name of Party B is a gift from Party A to Party B, not to Party B's wife.
Article 5: Party A reserves the right of Party B to take back the property in violation of Article 3 of this contract. Without the written permission of Party A, Party A has the right to claim all the payment for the room at the time of Party B**.
Article 6: This contract shall be made in 2 copies. Among them, Party A retains 1 copy and Party B retains 1 copy.
Attachments: 1. Bill of purchase payment.
2. Housing sales contract.
Party A (Signature): Party B (Signature):
Date of Contract: Date of Contract:
Please note: Due to transcoding, some of the content of the document may lose a few words and make the document flawed, please be sure to read it from beginning to end to confirm that there is no problem before using it
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Legal analysis: if one of the husband and wife agrees to be co-owned or co-owned by shares, the donor can exercise the right of revocation before the registration of the change of property rights.
Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property obtained by a husband and wife from the sale of trousers during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be owned by the Communist Party of China.
Husband and wife have equal rights to dispose of joint property.
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Both the will or the gift contract reflect the strong personal will of the testator or the donor, and both have a strong personal character. China's marriage law stipulates that the property that is determined to belong to only one of the husband or wife in the will or gift contract accepted by one party after marriage shall be regarded as the personal property of the husband and wife.
Article 658 of the Civil Code of the People's Republic of China: The donor may revoke the gift before the transfer of the rights of the donated property. The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled, which must not be revoked in accordance with law. Article 659 of the Civil Code of the People's Republic of China: Where donated property requires registration or other formalities in accordance with law, the relevant formalities shall be completed.
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There are legal provisions.
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