Property belonging to one party owned by an individual, and the ownership of related property in Article 1062 may be agreed at the same time. In fact, it mainly includes real estate, wage income, production and operation income, intellectual property income, inherited or donated property and the income of other families. These can be agreed which belongs to the individual, and then signed by both parties after approval, in duplicate, one for each party, which has legal effect.
According to article 1062 of the Civil Code, the following property acquired by husband and wife during the marriage relationship shall be owned by both husband and wife:
(1) salary and bonus
(2) Income from production and operation
(III) Intellectual property income
(4) Property acquired as a result of inheritance or gift, except as provided for in Item 3 of Article 18 of this Law.
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of all property.
Article 1063 Any of the following circumstances shall be the property of one of the spouses:
(1) one party's premarital property
(2) Medical expenses, living allowance for the disabled, etc. One party got it because of physical injury.
(3) Property that is determined to belong only to the husband or wife in the will or gift contract.
(4) Daily necessities used exclusively by one party.
(five) other property that should be owned by one party.
Two. Sample format of marital property agreement
Party A: ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Party B: ×××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××
Party A and Party B registered their marriage in the Civil Affairs Bureau of Xincheng District on, but in order to prevent possible property disputes in the future, both parties reached the following agreement through friendly negotiation:
(1) Agreement on the existing property within the marriage relationship; The existing property is located in ××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××××× The decoration and purchase of furniture and electrical appliances shall be funded by Party A. If both parties divorce, the property and furniture and electrical appliances in the house shall be owned by Party B, and Party A shall be responsible for assisting in the house transfer procedures, and all expenses arising from the house transfer shall be borne by Party A. ..
(2) The inheritance of both parents belongs to both individuals separately and is not regarded as the common property of both parties.
(3) Agreement between * * * and debt during marriage:
1. If Party A and Party B need to borrow money from others due to family needs, it shall be recognized as a * * * debt of husband and wife upon written signature of both parties, and shall be repaid by both parties. Without the written signature of both parties, it is regarded as personal debt and shall be borne by the individual.
2. When one party borrows money abroad, it must express the property agreement between husband and wife to the creditor. This debt is a personal debt of one party, and the other party does not undertake repayment obligations. If there is no express statement, the debtor of the handling party shall be responsible for the consequences, and the other party shall not bear any responsibility.
(IV) Agreement on the custody of * * * property: Party A and Party B shall truthfully declare all their income (including extra income other than wages), and regularly deposit 95% of all their income into the account of * * * property as the expenses for * * * to live together. The remaining 5% is regarded as personal property and has nothing to do with the other party. * * * The same account is kept by the woman, which is uniformly controlled and used for family expenses. The woman has the obligation to inform the man regularly.
(5) divorce agreement:
1. If the husband is at fault in the future (including but not limited to extramarital affairs, extramarital sex, cohabitation with her, bigamy, domestic violence, drug abuse, serious gambling and other deviant or illegal acts), resulting in divorce between husband and wife (including divorce by agreement, divorce filed by the man or woman to the court), the property of husband and wife shall be handled according to the following agreement:
(1) The man voluntarily gave up all his possessions and left home cleanly.
(2) Now the husband and wife each have a property owned by the woman. If the mortgage has not been paid back at the time of divorce, it will be paid back by the man.
(3) The husband and wife's property * * * belongs to the woman (including large items such as real estate purchased later).
(4) The man should compensate the woman mental damage compensation for 300,000 yuan, and pay it directly to the woman in cash when handling the divorce related procedures.
2. If the woman is at fault in the future, she will be distributed according to normal divorce. 3. If both parties are not at fault, the property shall be distributed according to normal divorce.
(VI) The purpose of signing this agreement is to make men and women live in harmony, respect and care for each other, and sincerely hope that both sides can grow old together. Therefore, both parties must abide by the contents of this agreement, and if there is any violation, they will voluntarily implement it.
(7) Both parties voluntarily sign this agreement, clearly understand the legal effect of this agreement, and abide by the agreed contents.
(VIII) This Agreement is made in duplicate, one for each party, and shall come into effect as of the date of signature by both parties.
Party A: (signature)
Party B: (signature)
Year after year, month after month, year after year.
Three, premarital property agreement and notarization have the same effect.
The premarital property agreement need not be notarized, and the agreement without notarization itself is valid. As long as the premarital property agreement does not violate the prohibition of the law, it has legal effect even if it is not notarized. Of course, it is safer to notarize the prenuptial property agreement, especially in the case that one party loses the case, the agreement retained by the notary office will have an important evidential role.