婚后财产需要公证吗 婚后财产公证需要哪些手续-看世界

婚后财产需要公证吗 婚后财产公证需要哪些手续

很多的情况下,我们办理财产公证的目的都是为了保障自己的合法权益,与夫妻而言,既然要保障自己的合法权益,也要保障夫妻的和谐关系,所以婚后做一个房产公证也是一个不错的选择,至少是日后也不会因为这些财产发生一些纠纷的事情。那么,婚后财产公证需要哪些手续?婚后房产公证怎么办理?和360常识网一起来看看吧。

很多的情况下,我们办理财产公证的目的都是为了保障自己的合法权益,与夫妻而言,既然要保障自己的合法权益,也要保障夫妻的和谐关系,所以婚后做一个房产公证也是一个不错的选择,至少是日后也不会因为这些财产发生一些纠纷的事情。那么,婚后财产公证需要哪些手续?婚后房产公证怎么办理?和360常识网一起来看看吧。

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.

婚后财产需要公证吗?

Does marital property need notarization?

当不少人还在争论婚前财产公证是否会伤害夫妻感情的时候,已经有夫妻开始签订婚后夫妻财产协议,并拿到公证部门去公证了。随着不少家庭有了私家车、房产,办理婚后财产公证的夫妻会逐渐多起来。夫妻双方早些约定财产的归属,这样一来,即使双方离婚,也能明确财产归谁。因此,婚后财产公证十分重要。

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.

婚后财产公证需要哪些手续?

What procedures does notarization of married property need?

夫妻婚后财产公证首先需要满足以下条件,不满足的,无法对婚后财产进行公证。

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、 必须是合法结婚的夫妻双方,也就是说满足结婚年龄、自愿等结婚法定条件的;

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、 必须是夫妻双方真实自愿对婚后财产达成约定,根据约定进行婚后财产公证;

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、 必须夫妻双方亲自办理公证,他人无权代理;

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、 夫妻双方对婚后财产约定必须合法,不能违反公序良俗,不能有损害第三人或国家利益的内容;

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;

满足以上条件的,夫妻双方可以去所在地区的公证部门办理婚后财产公证手续,确定协议的效力。

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.

婚后房产公证怎么办理?

How to deal with notarization of real estate after marriage?

1、准备好上面的材料后,双方必须共同亲自到公证处提出公证申请,填写公证的申请表格。需要注意的是:委托他人代理或是一个人来办婚后财产公证,是不会被受理的。

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、公证申请被接待公证员受理后,公证员就财产协议的内容,审查财产的权利证明,查问当事人的订约是否受到欺骗或误导。当事人应如实回答公证员的提问,公证员会履行必要的法律告知义务,告诉当事人签订财产协议后承担的法律义务和法律后果,当事人公证员做完公证接谈笔录,并在笔录上签字确认。

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、当事人一旦在笔录上签字,该笔录就成为具有法律效力的书面证据保存于公证卷宗内。这份笔录和公证书不仅可以防止当事人间出现纠纷,而且,对于与当事人发生债权债务关系的第三人,也是一种保护。

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、后,双方当事人在公证员的面前在婚前财产协议书上签名。至此,婚前财产公证的办证程序履行完毕,两周后当事人就可凭收费单据来领取公证书了。

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.

综上所述,本文主要是讲述了婚后财产公证需要哪些手续,以及婚后房产公证怎么办理的相关内容,现在我们知道了房产公证手续的办理,我们在办理之前可要准备好齐全的材料,这样就可以根据本文的手续按部就班的办理就好,具体的可以咨询当地的公正处。

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.

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