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How to notarize property after two marriages
Time:2025-09-01 Views:733
（1） Prepare the following materials:
1. Personal identification documents, such as ID card and household registration book, are required for married couples to bring their marriage certificate when applying for property notarization;
2. Proof of property ownership related to the agreed content, such as property ownership certificate, purchase contract without property ownership certificate, and payment invoice;
3. The agreement has been drafted by both parties. The content of the agreement generally includes: the personal basic information of the parties, such as name, gender, occupation, and address; The name, quantity, value, condition, and ownership of the property; The principles for the use, maintenance, and disposal of premarital property mentioned above. Generally, the signatures and contract dates of both parties are left blank. After the notary public reviews and modifies the agreement, they can sign it in front of the notary public.
（2） After preparing the above materials, both parties must personally go to the notary office to apply for notarization and fill out the notarization application form. It is generally not allowed to entrust others or one person to handle prenuptial property notarization.
（3） After the notarization application is accepted by the notary, the notary will review the proof of property rights based on the content of the property agreement; Inquire whether the contracting parties have been deceived or misled. The parties involved should truthfully answer the questions raised by the notary public. The notary public will fulfill the necessary legal disclosure obligation, inform the parties of the legal obligations and consequences they will bear after signing the property agreement, and cooperate with the notary public to complete the notarization interview transcript and sign and confirm it on the transcript.
（4） Both parties sign the prenuptial property agreement in front of a notary public.
At this point, the procedures for obtaining a prenuptial property notarization have been completed, and the parties can collect the notarization certificate on the prescribed deadline by presenting the fee receipt.
Article 17 of the Marriage Law, after making clear provisions on joint property during the existence of the marital relationship, states that "spouses have equal rights to dispose of jointly owned property
The phrase 'spouses have equal rights to dispose of jointly owned property' includes the following two aspects:
（1） During the existence of the marital relationship, as long as it belongs to the joint property of husband and wife, regardless of the size of its contribution to the property income, both husband and wife have equal rights to possess, use, benefit from, and dispose of it.
（2） When a couple divorces, as long as it belongs to the joint property of the couple, the right to divide the joint property is equal, but this does not mean equal distribution. So, what should be the basis for dividing the joint property of the couple in divorce?
1. According to Article 39, Paragraph 1 of the Marriage Law, "in the event of divorce, the joint property of husband and wife shall be handled through consultation between the two parties." This means that in the event of divorce, the division of property between husband and wife should be based on the principle of mutual agreement and cannot be decided by one party.
2. According to the principle of "gender equality" as stipulated in Article 2, Paragraph 1 of the Marriage Law, women cannot be discriminated against. It is believed that women earn less and should receive less. When dividing joint property in divorce, women's rights should be respected and protected.
3. When the negotiation fails according to Article 39, Paragraph 2 of the Marriage Law, the people's court shall make a judgment based on the specific situation of the property and the principle of taking care of the rights and interests of the children and the female party.
4. The principle of providing compensation. According to Article 40 of the Marriage Law, if one party has fulfilled a significant obligation in raising children, caring for the elderly, or assisting the other party in their work, they have the right to request compensation from the other party upon divorce, and the other party shall provide compensation. "This refers to the situation where, when dividing marital property in accordance with the law, the party who has fulfilled a significant obligation may request compensation from the other party, and the compensation shall be paid from the divided property. If the divided property is insufficient to pay, it shall be supplemented from their personal property.
5. The principle of taking care of the innocent party. If one party's fault leads to the breakdown of the marital relationship and divorce, the innocent party has the right to claim compensation for marital damages. Article 46 of the Marriage Law stipulates that "if one of the following circumstances leads to divorce, the innocent party has the right to request compensation for damages":
(1) Bigamy;
(2) Cohabiting with a spouse;
(3) Engaging in domestic violence;
(4) Abusing or abandoning family members.
1. Pay attention to reviewing the contents of the prenuptial property agreement, and ensure that the agreed upon property is uncontested by both parties.
In real life, there are various ways for parties to obtain property rights, including accepting gifts, inheriting, and so on. But there is not always controversy over the ownership of property. In the process of handling such notarization, the author has encountered individual parties who have lived together for several years before marriage, jointly controlling and purchasing property (such as cars, real estate, stocks, etc.), but the property rights certificate only writes the name of one party, which appears to be one party's premarital property, but in reality it is jointly owned by both parties. Some individual parties, before preparing for marriage, jointly invested in purchasing a house, furniture, appliances, and other items, but only wrote one party's name on the property rights certificate. In fact, there are already problems with the ownership of such property. Therefore, when handling such notarization, notaries must pay attention to reviewing whether there are disputes between the parties regarding the agreed property ownership, whether the ownership of the property in the agreement, and whether the content of debt and credit processing is clear. Notarization can only be processed if both parties have no objections.
2. For pre marital property notarization without property ownership certificates, attention should be paid to collecting proof materials of the payment made by the parties when purchasing the property.
In real life, some parties have actually occupied and used the house, but due to various reasons, they have not obtained the property ownership certificate of the house; Some parties have purchased a house and are preparing to get married before the house is delivered or the property ownership certificate is obtained, and have applied for pre marital property notarization. For such parties, notaries should pay attention to understanding the source of the house, the payment situation of the house, the current situation of the use and decoration of the house, and collect relevant proof materials. At the same time, they should verify with the other party. As long as the other party agrees that the situation of the other party's premarital property is true and has no objection to the agreement on property ownership, I believe that this type of premarital property agreement can be notarized.
3. Pay attention to reviewing the reasons for the parties' application for prenuptial property notarization.
Applications that do not meet the requirements will not be accepted. Some parties apply for prenuptial property notarization unilaterally at the notary office before marriage, and they believe that requiring the other party to go to the notary office for prenuptial property notarization is emotionally damaging. Such notarization applications should not be accepted. At the same time, the notary should patiently explain to the parties involved the purpose and significance of handling premarital property, and encourage them to break away from traditional marriage concepts; Notify them that notarization requires both parties to personally handle it at the notary office; Notify them to apply for pre marital property notarization before or after marriage.
4. Pay attention to reviewing the property rights certificates provided by the remarried party or the other party who is a remarried party, and ensure that there are no property disputes regarding the agreed property rights.
In prenuptial property notarization, some parties are particularly cautious about remarriage due to their experience of failed marriage. In order to avoid property disputes caused by divorce again, they apply for notarization of prenuptial property. When handling such notarization, notaries should pay attention to checking whether the property notarized by the parties belongs to them and whether there are any property disputes. Require the parties to provide divorce certificates and divorce agreements, and review the ownership of property. Only by clarifying the ownership of property and ensuring that the agreed upon property is free from disputes and property rights disputes, can notarized agreements play a preventive role.
5. For unmarried couples applying for prenuptial property notarization, it is important to note that the agreement and notarized document should specify the effective time of the agreement, which will take effect after both parties sign (or notarize) the marriage registration.
Because the subject of such property agreements is a specific entity, only after both parties have registered their marriage can their marital relationship be protected by law, and the signed prenuptial property agreement is binding on both parties. Otherwise, vice versa.
The above is the relevant knowledge collected by the editor of Fanneng Law Firm on how to notarize property after marriage. When encountering problems about how to notarize property after marriage, we can also promptly solve the relevant content on how to notarize property after marriage. If you have any other legal issues, please feel free to consult with lawyers from Fanneng Law Firm. Sichuan Faneng Law Firm is dedicated to serving you.