Pre-marital property notarization requires the presence of both parties.
Because the notarization of pre-marital property is generally handled by both spouses; the pre-marital property of one party will not be converted into the joint property of the husband and wife due to the continuation of the marriage relationship. Unless otherwise agreed by the parties. Proof of title to the property that needs to be notarized must also be provided.
Steps for notarization of pre-marital property:
1. The parties must prepare materials: the content of the agreement generally includes: the name, gender, occupation, address and other basic personal information and property of the parties The name, quantity, value, condition, and ownership of the property, as well as the principles for the use, maintenance, and disposal of the above-mentioned pre-marital property, etc. Generally, the signatures and contract dates of both parties are left blank, and the notary public must review and modify the agreement before signing in front of the notary public;
2. After preparing the above materials, both parties must go to the notary office in person Submit a notarization application and fill out the notarization application form. Entrusting another person to act as an agent or a person to handle pre-marital property notarization will not be accepted;
3. After the notarization application is accepted by the receiving notary, the notary will review the content of the property agreement and the right to review the property To prove and inquire whether the parties' contract has been deceived or misled, the parties should answer the notary's questions truthfully. The notary will fulfill the necessary legal notification obligations and inform the parties of the legal obligations and legal consequences they will bear after signing a property agreement. After the parties cooperate with the notary to complete the notarized interview transcript, they sign the transcript for confirmation;
4. Both parties sign the premarital property agreement in front of the notary. At this point, the pre-marital property notarization certification process has been completed.
Prepare the following materials for pre-marital property notarization:
1. Personal identity certificate, such as ID card and household registration book. Married couples need to bring their marriage certificate when applying for property notarization;
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2. Proof of property ownership related to the agreed content, such as real estate certificate, purchase contract with property ownership certificate and payment invoice;
3. Agreement drafted by both parties. The content of the agreement generally includes: the name, gender, occupation, address and other basic personal information of the parties, the name, quantity, value, status of the property, the principles for the use, maintenance and disposal of the above-mentioned pre-marital property, etc. Generally, the signatures and contract date of both parties are left blank, and the signature is signed in front of the notary after the notary has reviewed and modified the agreement.
To sum up, after the notarization application is accepted by the notary, the notary will examine the content of the property agreement, examine the property rights certificate, and inquire whether the contract between the parties has been deceived or misled. The parties concerned should truthfully answer the notary's questions. The notary will fulfill the necessary legal notification obligations and inform the parties of the legal obligations and legal consequences they will bear after signing the property agreement. The parties will cooperate with the notary to complete the notarization interview transcript and sign the transcript for confirmation.
Legal basis:
Article 25 of the "Notarization Law"
Natural persons, legal persons or other organizations may apply for notarization to their place of residence or habitual residence. The notarization authority shall submit the request to the notary institution in the place where the act was performed or where the facts occurred.
Applications for notarization involving real estate shall be submitted to the notary office where the real estate is located; applications for notarization of entrustments, declarations, gifts, and wills involving real estate may be subject to the provisions of the preceding paragraph.
Article 27
The party applying for notarization shall truthfully explain to the notary institution the relevant circumstances of the matter applied for notarization, and provide true, legal and sufficient supporting materials; If the materials are insufficient, the notary agency may request supplements.
After accepting the notarization application, the notary office shall inform the parties of the legal significance and possible legal consequences of the notarization application, and record and archive the notification content.