Chapter 845 Notarization of Property Before Marriage?

In fact, the notarization of pre-marital property is of little significance to ordinary people. We all belong to the moonlight family and have almost no savings at all, so naturally there is no such thing as property notarization.

However, for the wealthy class with assets over one million, this measure is a strong protection for personal assets. Otherwise, once divorced, the wife will have the right to share nearly half of the assets, and even cause the company to lose control in one fell swoop. This is also a common thing. So even if Yang Cheng didn't want to do this notarization, the company's board of directors would force him to do it for the sake of the overall situation.

But fortunately, Yang Cheng's company has successfully started, and this is all to be included in the pre-marital property.

On the other end of the phone, Laham got up from Gentle Country, put on a pajamas and came to the window, leaning against the wall and introduced to Yang Cheng, "I don't know where Mr. Yang plans to get married. In some states, the joint property system is also implemented. If the two parties have no pre-marital or post-marital property agreement, the property acquired during the continuous state of marriage belongs to the joint property of the husband and wife.

In the case of divorce, the common property shall be distributed equally according to reasonable market prices, and the husband and wife shall each get half of the remaining property after deducting the joint debt from the common property.

Of course, this equal distribution does not mean that every thing or property must be divided into two, but that the total market value of the property that the two parties finally share is roughly equal. Regarding the specific distribution of various properties, the two parties still need to negotiate. Or leave it to the court to decide according to the actual situation.

The parties can agree or have the court rule that one party gets the real estate and the other gets deposits in a bank account, and the market value of the property they get is roughly equal.

If there are children, the court will make a judgment based on the need for a stable life of the children so that the party with child custody rights will be given the house, or based on practical considerations, the party who runs a certain company will be given the company to continue operating, while the other party will be given the housing. corresponding amount of compensation.

If the market value of the property cannot meet the distribution requirements, the court may order that a portion of the property be sold and then distributed.

The property of the husband and wife before marriage belongs to the individual property. In addition, during the marriage, the property acquired by one party through gift and inheritance belongs to his personal property, and the interest and other property generated by personal property also belong to personal property.

During the divorce process, the other party has no right to share the personal property. If the parents of the husband and wife donate a house to their children during the marriage, the house belongs to the gifted party’s personal property, and the rent for renting out the house belongs to personal property. , If you buy a car with rent, the car is also personal property, unless the husband and wife can prove that a gift has occurred. If there is a divorce, the other party has no right to share this part of the property. "

Laham just gave a general introduction, which is similar to Yang Cheng's understanding, but he needs to clarify some questions. This is a matter involving tens of billions of assets, and there is no room for sloppy, let alone trouble.

"Can you specifically talk about some basis for the court to divide the divorce property? For example, based on the ability of both parties to make money?" Yang Cheng asked.

Laham pondered for a moment, "From past experience, taking California as an example, if one party owns much more personal property than the other party, then this may be used as a court to award more common property to the relatively less wealthy One party's basis, because the court is not obliged to divide the property equally between the husband and wife. However, if there are enough assets to enable both husband and wife to live well after divorce, the court will try to move towards fairness and equality as much as possible. to judge;

In addition, earning ability is indeed one of the important factors considered by the court. If one party’s earning ability is far better than the other, the court may award more common property to the party with relatively weak earning ability, because usually the court It will be assumed that it is easier for the spouse with greater earning power to earn back the money lost in the divorce than the spouse with less earning power. "

Yang Cheng frowned and interjected,

"In other words, in the judgment process, the relatively weaker side will be more beneficial?"

As a lawyer, Laham has always been very cautious about his wording, and he thought for a while before replying, "It can be said that, but it is not absolute. To be precise, the court's judgment is beneficial to the party who has worked hard to earn or maintain property.

When the court divides a family business, it usually awards all or a majority of the share to the party who runs the business. At the same time, the court not only considers which party earned the property, but also seeks to resolve the financial situation of the spouses after divorce. The problem, if the business and the family are roughly equal in value, then typically, the courts will award the business to the party that runs the business and the family to the other party. "

Yang Cheng raised her eyebrows in surprise, "Then what if it's a housewife or the party with a lower income? Or should the judgment be based on the weaker side?"

“The courts will take that into account and take into account what the housewife spouse does to run the house or raise the children,” Rahham explained with a laugh.

Usually, housewives can make the other party who works outside transfer more money, and the punishment of each judge is different. Some courts believe that housewives who stay at home for a long time tend to be out of touch with society, which will weaken their ability to make money. If one party can prove If it leads to the loss of opportunities to obtain advanced education or work experience, and then to obtain higher income, then this may be one of the advantages for obtaining more joint property. "

After a pause, he continued to add, "There is another point to be emphasized. When dividing property, if one of the spouses is judged by the court to be profligate, it will immediately become one of the unfavorable factors in the judgment.

Extravagance includes gambling, giving large sums of money to others, especially if the other party objects, such as spending on extramarital affairs, etc.

Of course, the courts generally seldom regard business failure as waste and squandering. Usually, it is only regarded as a risk of doing business, and neither party needs to be punished. The fact that the investment failed will not be taken into account, but squandering money will definitely be a negative factor.

Finally, the length of the marriage between the two parties is also an important basis for consideration. A long marriage is a favorable basis for awarding most of the property to the less wealthy or weaker earning party. The longer the marriage lasts, the court will The more likely the spouses are to be considered equal partners.

Among other things, including age and health, this basis is in favor of the older or less healthy party;

There are also tax issues. Tax issues arising from the division of property are usually the decisive factor in the final division result. The party who pays the tax due to property division can obtain additional property compensation. On the contrary, due to the property agreement bringing some tax benefits, The party that benefits will receive less property.

Of course, in this case, the court generally only considers some specific taxes that will arise immediately, and usually does not consider taxes that will arise in the next few years. "

The more Yang Cheng listened, the more frightened he became. Previously, his understanding of divorce property distribution was limited to the average distribution. He didn't expect there to be so many tricks in it. These lawyers should make a lot of money. If there are no lawyers to assist in these matters, who can do it? be clear?

Anyway, it is difficult for an elite like Yang Cheng to understand such details, and at the same time, he is very fortunate that he made this call to inquire about the situation, otherwise he will suffer in the end, and it will be too late to regret.

He took a deep breath, "So this prenuptial property agreement must be done."

Raham agreed, "That's right, especially if Mr. Yang holds a huge amount of property, every move will lead to social turmoil. A legally effective prenuptial agreement can be called a trump card to divide common property. The agreement has already agreed on how the property will be distributed during the divorce, which saves the court from analyzing and considering a series of factors for dividing the property, and saves the possibility of trouble at that time.

By the way, if Mr. Yang will inherit the family assets in the future, it is best to prepare in advance, because if he inherits after marriage and there is no notarization agreement, it will belong to the joint property of both husband and wife, which means that once divorced, he must abide by the court Allotment of judgments. "

Yang Cheng rubbed the back of his head, he felt that getting married was more difficult than starting a new business.

Laham continued, "We still need to analyze the specific situation, but let's take a common situation as an example. If parents donate real estate, it must be clearly stated on the property certificate that it is a gift. If parents provide money to buy real estate, All evidence must be kept that the money came from the parent's account.

If there is a loan on the property, unless the loan is paid from the parents or your own deposits before marriage, otherwise if you use the income after marriage to pay, the income after marriage belongs to the joint property, unless there is a pre-nuptial agreement to prove that the income after marriage belongs to your own personal property, otherwise The other party has a certain joint interest in the real estate.

If the donated property is a rental property, it is necessary to set up a separate account to deposit the rent and use this account to pay the expenses of the relevant property.

If the parents give items other than real estate, such as cars, money, jewelry, etc., the above methods are also applicable, and it is worth noting that personal jewelry should not be placed in the other party’s or common safe, because it is very likely to be chased after divorce. If you don’t come back, don’t add the other party’s name to the ownership of the car. Try not to put the car insurance in the co-insurance policy. If you want to pay for the car in installments, don’t use the income after marriage to pay.

To put it simply, divide important property as much as possible before marriage, and keep a clear distinction between public and private after marriage. As long as you want something unique to yourself, you must keep the evidence. name. "