Case Review] Before Mr. Zhou married Ms. Lin, Mr. Zhou's parents spent half of their life savings to buy a house for Mr. Zhou, and instructed Mr. Zhou to do property notarization before marriage, fearing that if the two divorced one day, Ms. Lin would take half of the property. Mr. Zhou understands his parents' feelings very well, but he also does not want to affect his relationship with Ms. Lin because of the notarization of premarital property, and he is in distress. Excuse me, is it necessary to notarize prenuptial property?
Judge's statement] The notarization of premarital property is very meaningful. First of all, premarital property notarization can clarify the ownership of property, which is conducive to reducing the occurrence of disputes. In the event of a dispute over the ownership of property, the notarial deed can be used as evidence to avoid difficulties in adducing evidence, which is conducive to improving trial efficiency and saving judicial resources. Secondly, premarital property notarization is also conducive to protecting the legitimate rights and interests of both husband and wife, which can avoid "cheating marriage" and avoid being involved in the other party's premarital debts as much as possible. Of course, the fact that the husband and wife do not notarize their premarital property will not have any impact on the ownership of the premarital property, and not all property needs to be notarized before the marriage. For example, if one party has obtained a property right certificate for a house, car or other property before marriage, there is no need for premarital property notarization because of the implementation of the registration system and clear property rights. However, in order to avoid disputes, premarital property notarization can be carried out for movable property that is not easy to determine the ownership of movable property, such as gold and silver jewelry. Marriage is not a transaction, whether or not premarital property notarization is carried out, the purpose is to pursue marital happiness, love is easy to stay together, and do and cherish.
Article 1063 of the Civil Code: The following property is the personal property of one of the spouses:
a) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 1065 of the Civil Code provides that a man and a woman may agree that property acquired during marriage and property acquired before 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.
**: Hunchunlin District Basic Court
Author: Ge Yuyao
Editor: Liu Yixiao
Review: Yao Qiming