In our daily life, we all have direct or indirect contact with the agreement, and signing the agreement can solve the disputes in real life. Do you know the format of the agreement? The following is the marital property agreement I compiled for you. Welcome everyone to learn from it, I hope it will help you.
Husband and wife property agreement 1:
Xxx, male, born on October 25th, 1957/kloc-0, now lives in Group 3, xxXX Village, XXX City. Id number: xxxxxxxxxxxxxx.
Xxx, female, born on the 9th of 1957 1 month, now lives in group xxxXXX, XXX city. Id number: xxxxxxxxxxxxx.
Xxx and xxx*** each have a house, which is located in Chedong Village, Datun Township, xxx City, with a five-story brick-concrete structure, with a construction area of 170 square meters and a property certificate number of. xxxxx。 Through consultation, xxx and xxx reached the following agreement on the property right of the above-mentioned house: xx voluntarily renounces the property right of the above-mentioned house, and the property right belongs to xxx alone, and the name of the house ownership certificate is changed to xxxx.
Consent:
Xx, XX, X, 2000
Husband and wife property agreement II Party A (the man):, born on, now living, ID number:, is the woman's husband.
Party B (female):, born on, now living, ID number:, is the man's wife.
Party A and Party B are husband and wife, and registered for marriage on. Based on the principle of equality and voluntariness, both parties reached the following agreement on the ownership of related legally owned real estate through friendly negotiation:
Rule number one. House ownership
1. The house is located at UnitNo. (building area: m2, ownership certificate No. Besides, all the decoration, furniture and home appliances in the house are owned by the woman.
2. The house in UnitNo. Street houses in provinces and cities (building area is square meters, property certificate number is:), and all decoration, furniture and household appliances in the house are owned by the man.
3. After signing this agreement, the man promises to continue to repay the loan for the house above the woman voluntarily.
Article 2. Car ownership
A car (license plate number) registered in the man's name belongs to the party concerned.
Article 3. Deposit and stock rights
1. The deposit of10,000.00 yuan of both husband and wife belongs to Party A, and Party A shall transfer the deposit of10,000.00 yuan in its name to Party A within days after this agreement comes into effect. After that, the deposits in their respective names belong to them. (If there is no * * * deposit, this bank is invalid. )
2. All the% shares of the company held in the name of the man are owned by the man. As the legal representative and shareholder of this company, the man has nothing to do with the woman for all the creditor's rights and debts arising from this company.
Article 5. Creditor's rights and debts
1. All debts incurred by husband and wife before this agreement comes into effect shall be borne by the man.
2. After this agreement comes into effect, the debts owed in his own name shall be borne by himself.
3. All creditor's rights of * * before this Agreement comes into effect shall be owned by Party A; After this agreement comes into effect, the creditor's rights under their respective names shall be owned by them.
Article 6. living expenses
1. After this agreement comes into effect, the goods purchased by each party belong to their own; * * * The purchased goods have ownership in proportion to their respective contributions.
2. After this agreement comes into effect, both parties shall bear half of the usual living expenses, child support and old-age support.
Article 7. Transferred property
1. The property paid or donated by one spouse to the other belongs to the donee.
2. The gifts or inheritance received by the husband and wife shall be owned by each other.
Article 8, Others
1. Please refer to the Marriage Law of the People's Republic of China and other relevant laws and regulations and relevant judicial interpretations for the ownership of all other properties not explicitly stipulated in this Agreement.
2. Both parties shall, within 3 working days after this agreement comes into effect, handle the transfer registration of relevant house ownership according to this agreement, and the required taxes and fees shall be shared equally by both parties.
3. If both parties divorce, both parties shall determine the ownership of the property as agreed; In case of dispute, either party has the right to request the people's court to confirm the ownership of relevant property according to this agreement.
4. 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 (male): Party B (female):
Year, month, sun, moon, sun.
Husband and wife property agreement 3 Party A: XXX, male, Han nationality, born on XX 1978, registered address: Room XXXXXXXX, Anhui, ID number: 341XXXXXXXX.
Party B: XXXX, female, Han nationality, born in XX, 1979, with household registration address of XXXXXXXX and ID number of 34XXXXXXXXX827.
Party A and Party B, as husband and wife, have reached the following marital property agreement through voluntary negotiation:
1. Room 6XXX, Building 3, XXXXXX Residential Community, Futian District, Shenzhen, registered in the name of Party A and owned by Party A, and the bank mortgage paid by Party A will be repaid with personal property;
2. The deposit in China Agricultural Bank under Party A's name of X million yuan belongs to Party A;
3. The creditor's rights enjoyed by both parties (XXX, Momo and Party A's parents) belong to Party A;
4. The investment principal and investment income of Party B's partnership investment in XXXXXX house shall be owned by Party B;
5. The property under the names of Party A and Party B before the signing of this agreement that is not included in this agreement belongs to Party A and Party B respectively, and the investment income and achievements also belong to Party A and Party B respectively;
6. Party A's work income since the date of signing this agreement, as well as the investment income and fruits of personal property agreed in this agreement belong to Party A's personal property;
7. Party B's work income since the date of signing this agreement, as well as the investment income and fruits of personal property agreed in this agreement belong to Party B's personal property;
8. The property acquired by Party A and Party B through inheritance and donation belongs to the personal property of Party A and Party B, unless the decedent and the donor explicitly designate it as the common property of both parties.
8. After the signing of this agreement, other properties obtained by both parties shall be the personal properties of both parties except as required by law.
9. The property under the names of Party A and Party B before the signing of this agreement that is not included in this agreement belongs to Party A and Party B respectively, and the investment income and achievements also belong to Party A and Party B respectively;
10. During the marital relationship, apart from the legal obligation of mutual support and help, there may also be creditor-debtor relationship between Party A and Party B; The personal property of Party A and Party B agreed in this agreement is transferred between Party A and Party B, which is regarded as the occurrence of creditor's rights and debts, and is not regarded as a gift unless otherwise agreed.
1 1. According to the agreement, neither party has the right to represent the other party's personal property.
12. The ownership of Party A and Party B's personal property agreed in this Agreement shall not change due to changes in any material form and forms of creditor's rights and debts.
13. If the personal property of Party A and Party B is used to pay off the personal debts of the other party, the non-debtor party has the right to recover from the other party.
13. Party A and Party B have the right to bring a lawsuit to their respective local courts for disputes arising from this agreement.
Party A: Party B:
Year, month, sun, moon, sun.
Agreement on marital property agreement 4 I. Overview of marital property agreement system
In China, there are two kinds of property relations between husband and wife during the marriage relationship, namely legal property relations and agreed property relations. The marital agreed property system is based on the marital agreed property relationship. It is a legal system in which husband and wife decide the ownership, management, possession, use, income, disposition, debt settlement and liquidation when the marriage relationship is dissolved through contracts and agreements. The legal effect of agreed property system is higher than that of legal property system. Only when the parties have not made an agreement on the marital property, or the agreement made is unclear and invalid, can the marital legal property system be applied.
Second, the content of the marital agreed property system
The revised Marriage Law stipulates that husband and wife can agree that the property acquired during the marriage relationship and the property before marriage belong to themselves, all or part of them, and part of them.
1. Contents of the property agreement. The content of marital agreed property system is very extensive. Both parties may agree on the property after marriage and before marriage, the property that has been acquired and the property that may be acquired. The forms and types of property are also quite diverse, including real estate, vehicles, precious metals, currency, stocks, bonds, copyrights, trademarks, patents, and even creditor's rights.
2. Property relationship agreement. Husband and wife can agree on part of the property, or all the property, which can be agreed to be owned by * * *, which can also be owned separately, or all parts of it can be owned by * * *.
3. The first is the principle of freedom. When a husband and wife agree on the contents of property, no one may force them to conclude a contract or force the other party to accept what they have agreed on. The property agreement between husband and wife must be the true will of both husband and wife. The second is the principle of fairness. It is forbidden for one party to encroach on the rights and interests of the other party, deprive the other party of its rights and exempt itself from its obligations by signing a marital property agreement, which violates the principle of fairness. Under the current situation in China, the principle of fairness should be applied to the content of marital property agreement, and attention should be paid to protecting women's legitimate rights and interests, and no property agreement that discriminates against women or infringes on women's property rights and interests should be signed. The third is the principle of legitimacy. The content of marital property agreement must abide by laws and regulations and respect social public order and good customs.
Three, the effective elements of the marital agreed property system
The parties of husband and wife or prospective husband and wife must have the effective elements for the establishment of general civil legal acts to have legal effect.
1. Both parties have full capacity for civil conduct and meet the age requirements of both parties in the Marriage Law. The conclusion of a property agreement between husband and wife is a civil legal act, and a person without civil capacity or with limited civil capacity has no right to conclude the agreement. At the same time, one male is required to be no earlier than 22 years old and the other female is no earlier than 20 years old.
2. The intention of the parties is true. The truthfulness of the expression of will refers to the state that the inner will of the parties is consistent with the external performance and the legal effect of the expression of will can be confirmed on the premise of the parties' willingness. Only when the will is true can the marital property agreement have legal effect on the parties. Fraud, coercion, taking advantage of others' danger and other acts seriously undermine the principle of autonomy of will and cannot produce the legal effect of marital property agreement.
3. The contents of the agreement must be legal and not violate the legal and social interests. Husband and wife's agreement on property shall not evade legal obligations such as supporting the elderly and raising children, shall not harm the legitimate rights and interests of the state, the collective or the third party, shall not violate laws and regulations, and shall not infringe on public interests, otherwise it will only become an invalid or revocable legal act.
Fourth, the effectiveness of the marital property agreement system.
1. Internal effect.
The internal effect of marital property agreement mainly refers to the binding force of the agreement on the parties to the marriage, that is, once the agreement comes into effect, the property agreement will have the effect of real right between the husband and wife and their heirs, and both parties to the marriage will be bound by the agreement. Any change or cancellation must be agreed by both parties to the marriage, and one party shall not express its intention to change or cancel.
2. External effects.
The external effect of marital property contract refers to whether the agreement of marital property has the effect against the third party. According to the third paragraph of article 19 of China's Marriage Law, "the husband and wife agree that the property acquired during the marriage relationship shall be owned by each other, and the debts incurred by one of them shall be paid off with the property owned by the husband and wife if the third party knows the agreement". The third party knows in advance that the marital property agreement is valid for the third party; On the other hand, the third person does not know that there is an agreement on the property of husband and wife, and the husband and wife agreement of both parties to the marriage shall not be against the third person. The key is whether the third party knows this agreement.
Five, the differences and shortcomings of the marital agreed property system
1. There are different views on the legal status of the marital agreed property system.
China's marriage law stipulates two forms of marital property system: legal property system and agreed property system. Most experts believe that the marital legal property system is the fundamental form of marital property system, and the marital agreed property system is only a supplement to the marital legal property system, and the relationship between them is not equal. However, some experts believe that the marital agreed property system and the marital legal property system have the same legal status, and they are both basic systems of the marital property system. The author tends to the latter view. Because, first of all, in legislation, Article 19 of the new marriage law clearly establishes the marital property system as the marital property system in parallel with the legal property system stipulated in Articles 17 and 18. Secondly, in the application of law, the agreed property system has the effect of excluding the legal property system. As long as the marital property agreement is established and takes effect, the marital legal property system will no longer apply. From these two points alone, we can see that the status of the two marital property systems should be equal.
2. There are differences on the agreed types and countermeasures of marital property system.
Many scholars believe that the legislative expression of marital property agreement in Article 19 1 of the new marriage law is a limited legislative model. There are three kinds of marital property systems stipulated by law, namely, general * * * joint property system, separate property system and limited * * * joint property system, which can be selected by the parties to the marriage. The parties can only choose one of them, and the agreement on marital property is valid. Otherwise, the property agreement is invalid, and the parties still apply the legal marital property system. The Law of Relatives edited by Yang Dawen holds this view.
There are still many scholars who believe that the agreement on the content of husband and wife's property is a free legislative model. Because of the personality and particularity of marriage, the parties can freely choose the content of their property. As long as it is not illegal, does not harm public interests, public order and good customs, it should be considered that the agreement is valid. Wang Hong holds this view in his Marriage and Family Law.
The author agrees with the latter view. Since the parties are allowed to agree on their own property relations outside the legal property system, several types of property systems are restricted, which violates the value orientation of the agreed property system. Moreover, these three typical types of property system can not exhaust the ways and types of property agreement of marriage parties. Therefore, under the premise of not violating the basic principles of marriage law, the parties should be allowed to choose reasonable and self-interested forms on the basis of autonomy of will to meet the needs of the parties to marriage for property agreement.
If the differences in understanding the agreed property system are not clearly defined, it will inevitably bring great trouble in practice.
3. Husband and wife's agreement on the property system is only in written form, lacking the necessary notarization and publicity procedures.
If the husband and wife agree to implement their own property system, and the third party knows the agreement between the husband and wife, the property agreement will take effect for them; And if the third person doesn't know that the husband and wife have an agreement on their property, and signing a contract with one of them leads to a dispute, then the third person is a bona fide third person, and the property agreement between husband and wife has no effect on him. According to the relevant judicial interpretation, whether "the third party knows the agreement and the husband and wife bear the burden of proof". It can be seen that this reflects the protection of bona fide third parties by law. But this is unfair to the party in a weak position who has to bear the repayment responsibility. Therefore, in this respect, the legislation of marital agreed property system is flawed. How to solve it? The author thinks that a special registration department and regulations should be set up for the marital property agreement, and both parties should register and publicize the property agreement at the registration department. When a spouse makes a transaction with a third party, the third party can inquire whether there is a property agreement registered in the registration department, which can not only protect the safety of the third party's transaction, but also safeguard the legitimate rights and interests of both husband and wife. In addition, the registration of property agreement can also solve the problem of the time when the agreement takes effect.
Perfecting the marital property agreement system will meet the needs of the majority of marriage parties, safeguard the legitimate rights and interests of the parties, safeguard the safety of civil transactions, and ultimately make the marriage more beautiful, the family more stable and the society more colorful.
Husband and wife property agreement 5 Party A: XXX, male, born on a certain day of a certain year, Han nationality, living in a certain city,
Id number: xxxxxxxxxxxxxx
Party B: XXX, female, born on a certain day of a certain year, Han nationality, living in a certain city.
Id number: xxxxxxxxxxxxx
Party A and Party B registered their marriage in a certain place on a certain day in a certain year. In order to avoid disputes, both parties have reached the following agreement on the property of both parties:
1. Both parties' premarital property belongs to their own, including the house (location, house ownership certificate number), deposit (amount, bank), equity (detailed description) and other property (to be explained one by one);
2. The ownership agreement of the house [house ownership certificate number. : The X-word (xxxx)No. xxxx of the house X located at Room xx, XX Road, XX Lane, X District, X City purchased by Party A with its pre-marital savings after marriage is as follows: Room XX, XX Road, XX Lane, X District, X City is owned by Party A personally and does not belong to the joint property of husband and wife.
3. After marriage, both parties implement the form of personal ownership of husband and wife's property, that is, their respective incomes belong to their own. The specific supplement is: the debts under their respective names belong to their own, the creditor's rights and deposits under their respective names belong to their own, and the inheritance received by the husband and wife belongs to their own;
4. During the marriage relationship, the purchased goods have ownership according to their respective investment proportions; Usually, the living expenses, children's support and old people's support are borne half by half, and each spouse pays his own property. Property unpaid or donated to the other spouse belongs to the donee.
5. This agreement shall come into effect as of the date of signature by both parties. Matters not covered in this agreement shall be handled in accordance with the law.
This agreement is made in duplicate and has legal effect after being signed by both parties.
Party A: Party B:
Year, month, day and year
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