In many cases, the purpose of property notarization is to protect our legitimate rights and interests. As for the husband and wife, since we want to protect their legitimate rights and interests, we also need to protect their harmonious relationship, so it is a good choice to do a real estate notarization after marriage, at least in the future, we will not have some disputes about these properties. Then, what procedures does the notarization of marital property need? How to handle the notarization of marital real estate? Let's have a look with 360 common sense.com.
Does marital property need notarization?
When many people are still debating whether the notarization of premarital property will hurt the couple's feelings, some couples have already signed the matrimonial property agreement and taken it to the notary department for notarization. As many families have private cars and real estate, more and more couples will apply for notarization of married property. The couple agreed on the ownership of the property earlier, so that even if they divorced, they could know who the property belonged to. Therefore, notarization of marital property is very important.
What procedures does notarization of married property need?
The following conditions shall be met first for the notarization of married property of husband and wife. If they are not satisfied, they cannot be notarized.
1. The couple must be legally married, that is to say, they meet the legal conditions for marriage, such as marriage age and voluntary marriage;
2. It must be the true and voluntary agreement between the husband and the wife on the property after marriage and the notarization of the property after marriage according to the agreement;
3. Notarization must be done by both husband and wife in person, and no other person has the right to act as an agent;
4. The property agreement between the husband and wife after marriage must be legal, not against the public order and good customs, and not have the contents damaging the third party or the national interests;
If the above conditions are met, the husband and wife may go to the notary department of the region where they are located to go through the formalities of notarization of the married property and determine the validity of the agreement.
How to deal with notarization of real estate after marriage?
1. After the above materials are prepared, both parties must jointly go to the notary office in person to apply for notarization and fill in the notarization application form. It should be noted that it will not be accepted to entrust others or a person to do the notarization of married property.
2. After the application for notarization is accepted by the receiving notary, the notary shall examine the property right certificate on the content of the property agreement, and check whether the parties' contract has been deceived or misled. The parties shall truthfully answer the questions of the notary, and the notary will perform the necessary legal notification obligations, and tell the parties the legal obligations and legal consequences after signing the property agreement. The notary of the parties shall complete the notarial interview record and sign on the record for confirmation.
3. Once the parties sign the record, the record will become a written evidence with legal effect and be kept in the notarial file. This record and notarial certificate can not only prevent disputes between the parties, but also protect the third party who has creditor's rights and debts with the parties.
4. After that, both parties shall sign the prenuptial property agreement in front of the notary. At this point, the notarization process of premarital property has been completed. Two weeks later, the parties can get the notarization certificate with the charging documents.
To sum up, this article mainly describes what procedures are needed for notarization of property after marriage and how to handle the relevant content of notarization of real estate after marriage. Now we know how to handle the procedures of notarization of real estate. We can prepare complete materials before handling, so that we can go through the procedures according to this article step by step, and specifically can consult the local justice department.