(A) the understanding and identification of premarital property notarization
The marital property system refers to the legal system that stipulates the marital property relationship, and its contents include the establishment, change and abolition of each marital property system. Ownership, management, use, income and disposal of husband and wife's property, as well as the burden of family living expenses, husband and wife's responsibility for foreign property, liquidation and division of husband and wife's property at the end of marriage. This includes the liquidation and division of property when couples divorce, which leads to many marriage disputes. Therefore, the "notarization of husband and wife's property" which can prevent such disputes came into being. So, what is "notarization of marital property"? The notarization of marital property is mainly divided into two forms: pre-marital property notarization and post-marital property notarization. As the name implies, it refers to the definition of personal property before marriage or the same property after marriage by husband and wife or unmarried couples. Pre-marital property notarization refers to the activities of notarization institutions to prove the authenticity and legality of the agreement reached by couples (unmarried couples) on the scope and ownership of their pre-marital property and debts. There are two forms of property notarization before marriage. First, unmarried couples reach an agreement for notarization before marriage registration; First, the husband and wife reached an agreement and notarized it during the marriage relationship.
(B) the establishment of pre-marital property notarization
In the past, property notarization before marriage was a very sensitive topic for China people who were going to get married. The new marriage law was promulgated. This law stipulates that before marriage, both men and women should go to the notary office to notarize their property, debt scope and ownership of rights, and the notarized property agreement will be directly recognized by law. For the notarization of husband and wife's property, both husband and wife or unmarried couples should fill in the application form in person at the notary office and submit their identity certificate, husband and wife's property agreement and property ownership certificate (including property ownership certificate and deposit certificate, etc.). ) and other relevant certification materials (such as marriage certificates of married couples, etc. ). Only in this way can the notarization of premarital property be legally established. Of course, the law stipulates "should" rather than "must". Therefore, whether the property should be notarized depends on the attitude of both husband and wife or lovers. It is purely voluntary, and there is no legal compulsion.
Second, the unfavorable factors of premarital property notarization
(A) the impact of premarital property notarization on love
Marriage is based on mutual love and trust, and then produces a kind of affection, and marriage is just a form, and it has no substantive significance to define the relationship between two people. Therefore, it seems a bit redundant to notarize property before marriage. Therefore, there is no need to notarize the property before marriage. If two people have always been in love, their feelings have always been stable, they have experienced ups and downs together, and they respect each other very much. From romantic first love, passionate love to entering the sacred marriage hall, it is the accumulation of feelings between two people for many years. Now it is necessary to divide you and me for the sake of property, which is somewhat harmful and confident to the future marriage life, so marriage does not need to be guaranteed by pre-marital property notarization. Of course, with the rapid changes of modern society, many new things have come into our lives, and the love of modern people has become more and more realistic. Perhaps, premarital property notarization is to find a shelter for failed love and a guarantee for personal interests. However, if property notarization before marriage can effectively guarantee marriage, what about love? Do you need a premarital notarization in love? Therefore, the notarization of premarital property is facing the impact of feelings and interests, and it also hurts the feelings of two people to some extent. Therefore, these aspects are somewhat unacceptable.
(B) the impact and reality of premarital property notarization
Everyone has their own unique expectations for marriage. Some people get married because they love each other, some because of family pressure, and some because they covet each other's property. To some extent, the notarization of premarital property provides an umbrella for those who covet property, not for love! Of course, the notarization of premarital property has a certain influence on the concept of marriage. Pre-marital property notarization has made more and more people have the idea of safeguarding rights, and at the same time, it has made the original realistic modern marriage relationship more realistic. It reminds people that love is not ideal, nor can it exclude attention to real life. The actual marriage is not so ideal, and it will not develop as we expected. The premarital property notarization collides with the traditional virtues of China, and the premarital property notarization collides with reality! At this point, we must grasp it well and treat it rationally to avoid a big gap with our traditional concepts.
3. Favorable factors of premarital property notarization
From the legal point of view, the notarization of premarital property plays the role of evidence and reduces the possibility of disputes. Whether to choose the notarization of premarital property is entirely a personal choice. With the development of society, legal disputes caused by marital property are increasing day by day. How to determine the scope and ownership of premarital property has become one of the most difficult problems in judicial practice, and it is also the focus of frequent disputes between the two sides in marriage disputes. Therefore, the notarization of premarital property agreement in China is a new notarization business in recent years, which helps to clarify the quantity, scope, value and ownership of premarital property, is a reliable legal basis for solving marital property disputes, and has achieved obvious social effects in stabilizing family relations and property relations, preventing marital disputes, protecting the legitimate rights and interests of both husband and wife, and promoting social stability and unity. The procedure of property notarization is as follows: the parties * * * apply to the competent notary office, fill in the notarization application form and submit (1) the applicant's identity certificate; (2) Draft agreement (if the parties have difficulty in writing the agreement, the notary office can write it on their behalf); (3) Relevant proof of property rights, such as the property ownership certificate of individual-owned property; (4) Other relevant certification materials, such as the marriage certificate of married couples. In a word, the notarization of premarital property is still a new thing in China. Legally speaking, this is a rational treatment of the rising divorce phenomenon, which is conducive to family stability and social development.
4. Future choices
How will the current trend show the status of premarital property notarization in the future society? Let's take a look at the development prospects.
With the development of society, in countries where marriage is free and people are open-minded, I believe that the divorce rate will continue to increase, and people's living standards will continue to improve, and personal property will also increase, such as some high-end property, such as cars, houses, securities and so on. This will involve the ownership of property, especially after marriage, because of long-term life and consumption, the original clear ownership of property will become blurred. In the event of divorce, this problem will inevitably arise, because the law stipulates that the economic compensation for divorce should be based on the premise that "the husband and wife agree in writing that the property obtained during the marriage relationship will be owned by each other". In other words, the system of property division is not applicable to husband and wife, so the remuneration for housework is not applicable. At present, the number of people who agree to implement the separate property system of husband and wife in China is still very small. According to the survey, only 2.7% of urban residents and only 1. 1% of rural residents have the desire to adopt separate property system. Most couples believe that adopting the same property system is conducive to stabilizing family relations and consolidating marriage feelings. Therefore, limiting the claim for compensation for housework at the time of divorce to the parties who agree to implement the separate property system will greatly limit the application of this relief system. In addition, the provisions of the marriage law on this system are vague, and judges can't make a reasonable and convincing evaluation of the value of housework, so they often adopt a conservative and inactive attitude. Therefore, the property problem will be a long-standing problem, but we believe that with the improvement of the legal system, people's weak legal awareness will gradually increase, and people will understand and understand the benefits of property notarization. Therefore, we also have reason to believe that premarital property notarization will be welcomed by the masses, and with the continuous improvement of complex social relations and legal system in the future, property notarization will also find a suitable position in the law.