First, the model of pre-marital house purchase agreement
(1) Party B contributes RMB (in words) as the down payment of the house.
(2) Party B shall be responsible for the house decoration expenses in RMB (in words), and Party A shall be responsible for the rest decoration expenses.
(3) The monthly mortgage repayment is RMB Yuan, which shall be borne by Party A before marriage; After marriage, Party A and Party B shall live together.
(4) When both parties receive the marriage certificate, the property will automatically become the joint property of both parties (or it is agreed that the property will be jointly owned by both parties in a certain proportion, or it will remain the personal property of Party A before marriage).
(5) If Party A and Party B break up unfortunately, the property will still be owned by Party A, but Party A shall repay all the expenses already undertaken by Party B, including the down payment and decoration payment (or repay it to Party B in a certain proportion). If the property appreciates, Party A shall pay Party B the appreciation portion according to the proportion of the capital actually invested by Party B. ..
(VI) Without the written consent of Party B, Party A shall not sell the house at a price lower than the purchase price under any circumstances, otherwise, Party A shall not only repay the payment made by Party B, but also compensate all losses caused to Party B as a result.
(VII) This Agreement is made in duplicate, one for each party, and shall come into effect as of the date of signature by both parties.
(8) Any dispute arising from the performance of this agreement shall be under the jurisdiction of the people's court in the place where the agreement is signed.
Second, is the prenuptial agreement valid?
Whether the prenuptial agreement is valid depends on what is stipulated in your agreement. In other words, what you agreed must be legal and a true expression of both of you. It is effective without any fraud or coercion.
Of course, if it is an agreement on pre-marital property, there is also a legal basis. Husband and wife may agree that the property acquired during the marriage relationship and the property before marriage belong to themselves, all or part of it, and part of it. The agreement shall be in writing. The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is binding on both parties. The husband and wife agreed that the property acquired during the existence of the marriage relationship should be owned by each other. If the third party knows the agreement, it should pay off all the property owned by the husband and wife.
As for whether the agreement needs notarization, there is no mandatory provision in the law. It is wrong to think that the agreement is valid only after notarization. Whether it is notarized or not is up to you. Of course, the notarized agreement will have stronger legal effect, but this is not the case. Usually notarized agreements, if there is no evidence to the contrary, the court will give priority to them. The legal effect of prenuptial agreement is different in China and the West. For example, western countries can agree on child custody and alimony payment before marriage, but these are invalid in our laws. The legal effect of prenuptial agreement depends on the content of the specific agreement.
Third, whether the prenuptial agreement is not notarized is valid.
Many people think that the prenuptial property agreement needs notarization. If it is not notarized, the agreement will not be established or effective. In fact, this view is wrong There is no law in our country that the premarital property agreement must be notarized. That is to say, as long as both parties agree that the content of the agreement does not violate the law, then as long as both parties reach a written agreement on the ownership of premarital property on a voluntary basis, whether it is notarized or not, the written agreement has legal effect. However, the notarized prenuptial property agreement has higher probative power.
Generally speaking, property that is easy to prove does not need to be notarized before marriage, and property that is difficult to prove needs to be notarized before marriage. Like real estate, such as houses, cars, etc. Because of the implementation of the registration system and clear property rights, there is no need for pre-marital property notarization. Movable property, such as deposits, stocks, calligraphy and painting, jade, gold and silver jewelry and other valuables, need to be notarized before marriage in order to avoid being unable to explain when divorcing.
I'll introduce the model agreement on pre-marital house purchase here today.