Does the marital property agreement have to be notarized?

Mondo Social Updated on 2024-01-28

First of all, a very important point is that notarization is not a condition for the validity of any agreement, and a contract concluded in accordance with the law, the agreement has already taken legal effect when it is signed.

The marital property agreement is essentially a contract that shows the true intentions of both of your husband and wife, and simply understands this contract, as long as both of you are full civil capacity, and there is no fraud and coercion, and both of you sign, it has taken legal effect.

There is only one case, we recommend that it is necessary to notarize, the contract involves the disposal of one party's pre-marital real estate, for example, the man agrees that his personal property before marriage is your joint property of the husband and wife, then this contract involves a gift nature.

The law stipulates that the donor can revoke the donated immovable property at any time before the transfer, this right is called the right of arbitrary revocation in law, and the law also says that the notarized gift agreement cannot be revoked.

Then let's summarize, the content of this agreement, as long as the agreement is the joint property of your husband and wife, you both sign, the first date of payment it will have legal effect, for example, the house bought in marriage, originally 50% each, now it is agreed that you account for 70%, he accounts for 30%, then both of you sign and press the fingerprint, he will take effect, neither need a lawyer to be present to witness, nor do you need to do notarization.

If the marital property agreement involves the disposal of the other party's pre-marital real estate, in this case we will transfer the property as soon as possible after signing the agreement, as long as the transfer does not need additional notarization, because most of the notary office fees are charged according to the value of the property, generally 2 to 3 of the property value, a normal set of real estate down, the cost of notarization, is at least two or three thousand, is also a lot of money, if you can save him is not fragrant?

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