Is it valid when the marital property agreement between the husband and wife is divorced?

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.

According to article 19 of the Marriage Law, husband and wife 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.

However, the agreement needs to be clear and unambiguous, and the text should be clear and unambiguous, so it is recommended to ask a lawyer to write on behalf of you.

Legal Analysis: As long as the marital property agreement complies with the provisions of the law, the agreement is legally valid in the event of divorce.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China A man and a woman may agree that property acquired during the marriage 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. 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.

2. The creation, alteration, transfer and extinction of real estate rights shall become effective upon registration in accordance with law; Without registration, it will not be effective.

If the property is the father's personal property, it is a gift contract between the father and the daughter. It is not an indoor property agreement. The gift is a real estate owned by the father, if the ownership has not been actually transferred.

Although there is a gift contract, but the rights to the immovable property have not been transferred, the donor may revoke the gift.

If the property is joint property, the joint property needs to be jointly managed by two people.

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