Current location - Loan Platform Complete Network - Loan intermediary - Is it valid to notarize the mortgaged property before marriage as joint ownership after marriage?
Is it valid to notarize the mortgaged property before marriage as joint ownership after marriage?
Legal analysis

One party's pre-marital mortgage property belongs to individual pre-marital property. After marriage, if both parties reach an agreement and form a written agreement, they can change it into common property. According to the relevant laws and regulations, both parties should sign the property agreement in front of the notary. After divorce, real estate should be divided as common property. Procedures for notarization of property after marriage: 1. Prepare the real estate license, personal identification certificate, marriage certificate and agreement related to the agreed content. 2. After preparing the above materials, both parties must personally go to the notary office for notarization and fill in the notarization application form. 3. The notary shall review the property rights according to the contents of the property agreement, and prove that the parties cooperate with the notary to complete the notarization of conversation record and sign for confirmation. 4. Both parties sign the property agreement in front of the notary.

legal ground

According to article 1062 of the Civil Code of People's Republic of China (PRC), the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife: (1) salary, bonus and labor remuneration; (2) Income from production, operation and investment; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law; (5) Other property that should be jointly owned. Husband and wife have equal rights in dealing with common property. Article 1063 The following property is the personal property of one spouse: (1) the property of one spouse before marriage; (2) Compensation or compensation obtained by one party for personal injury; (3) Property that is determined to belong to only one party in the will or gift contract; (4) Daily necessities used exclusively by one party; (five) other property that should be owned by one party.