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Party A: , male, born on the day of the year, Han nationality, ID number: , is the husband of Party B.
Party B: , female, born on the day of the year, Han nationality, ID number: , is the wife of Party A.
Party A and Party B registered their marriage on xx-xx, and hereby in accordance with the relevant provisions of the Marriage Law of the People's Republic of China, the Property Law, the Judicial Interpretation of the Marriage Law (III) and other laws and regulations, the parties have reached the following agreement voluntarily through consultation for the parties to abide by.
Article 1 The house located at the unit number of the first floor of the building is the real estate purchased by Party A and Party B with the joint property of the husband and wife, and is registered in their names, and the property rights are jointly owned by Party A and Party B, and Party A and Party B each own 50 percent of the property rights of the house. Article 2 Housing disposition. Without the consent and signature of both parties A and B, neither party nor any third party shall sell the jointly owned property without authorization.
Any person who sells the house without the unanimous consent and signature of the co-owners shall be invalid, and the losses caused to the co-owners shall be compensated by the person who has no right to dispose of them.
Article 3 Housing income. The income from the property jointly owned by Party A and Party B shall be shared by both parties. Leasing the house, setting easements, etc., must be agreed and signed by both parties.
Article 4 Housing mortgage. Without the agreement and signature of both parties, neither party shall mortgage the property to a third party without authorization.
Article 5 Dispute resolution method of co-ownership housing: If a dispute arises in the process of transfer and residence of a co-owned house, it shall be resolved by both parties through negotiation, and if the negotiation fails, a lawsuit may be filed with the people's court where the house is located.
Article 6 This Agreement shall be executed in duplicate by both parties and shall come into force on the date of signing.
Article 7 Signature of the co-owner of the property right of the house:
Party A: YYYYYYYYYYYYYYYYYYYY
Party B: YYYYYYYYYYYYYYYYYYYY
2. Legal Provisions.
According to the relevant provisions of the Contract Law, the parties have the corresponding capacity for civil rights and civil conduct, and enjoy the right to voluntarily conclude a contract in accordance with the law, and the content of the contract does not violate the provisions of the law, and there is no invalidity of the contract as prescribed by law, and the contract is legal and valid.
Whether the specific distribution agreement or division agreement of the marital property can be valid depends on the specific content, and those who need to draw up the marital real estate agreement can find a lawyer to review it.
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Legal analysis: The real estate agreement between the husband and wife should be written: 1. The expression of intent that the two parties have reached through consultation; 2. Specific information such as the location and size of the property to be allocated; 3. The distribution method of the property.
In accordance with the relevant provisions of the Civil Code of the People's Republic of China, the man and the woman may make an agreement on the distribution of pre-marital property and the property obtained during the existence of the marital relationship. The agreement shall be in writing. A valid contract shall meet the following conditions:
1. Both parties to the agreement have the corresponding civil capacity; 2. The meaning is true; 3. Do not violate the mandatory provisions of laws and regulations, nor violate public order and good customs.
Legal basis: Article 1065 of the Civil Code of the People's Republic of China stipulates 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 and 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.
Article 143 of the Civil Code of the People's Republic of China provides that civil juristic acts that meet the following conditions are valid: (1) The actor has the corresponding capacity for civil conduct; (2) The expression of intent is true; (3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.
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Legal analysis: There are no strict requirements for the format of the real estate and property agreement between husband and wife, but in general, the basic information of the man and the woman needs to be written at the beginning of the agreement, and then the specific content of the agreement is to include the ownership of the property, the ownership of the car and other existing property ownership issues, and it is best to agree on the debts and expenses during the marriage.
Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and 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.
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Party A (Seller):
Party B (Buyer): >>>More
If the divorce agreement is written reasonably and legally, it is valid, for example, the distribution of the joint property of the husband and wife, the maintenance of children, if the other party is required to ask for excessive demands, it is not protected by law and is invalid, for example, if the other party is not allowed to remarry after the divorce, such conditions are invalid agreements.
You search on the Internet, a lot. See for yourself if it meets your requirements, you can use it with a slight change. That's how mine is written.