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再婚夫妻财产分割协议公证
作者:admin 发布于:2019-01-10 16:42

一段婚姻的失败并不代表着一辈子都不幸福,当很多的人重新找到真爱的时候,都会选择再婚,这也是现在的社会很常见的事情,那么再婚夫妻财产分割协议公证?小编总结了关于这个问题的相关知识,一起来看看吧。
 
The failure of a marriage does not mean that all one's life is unhappy. When many people find their true love again, they will choose to remarry. This is also a common thing in today's society. So the notarization of the property division agreement between remarried couples? The editor summarizes the relevant knowledge on this issue, let's take a look at it together.
 
 
 
 
 
国《婚姻法》第十九条规定: 夫妻可以约定婚姻关系存续期间所得的财产以及婚前财产归各自所有、共同所有或部分各自所有、部分共同所有。约定应当采用书面形式。没有约定或约定不明确的,适用本法第十七条、第十八条的规定。夫妻对婚姻关系存续期间所得的财产以及婚前财产的约定,对双方具有约束力。夫妻对婚姻关系存续期间所得的财产约定归各自所有的,夫或妻一方对外所负的债务,第三人知道该约定的,以夫或妻一方所有的财产清偿。
 
Article 19 of the Marriage Law of the PRC stipulates that couples may agree that property acquired during the period of marriage and pre-marital property shall be owned by each other, jointly owned or partly owned by each other and partly jointly owned. The agreement shall be made in writing. Where there is no agreement or the agreement is not clear, the provisions of Articles 17 and 18 of this Law shall apply. The agreement between husband and wife on property acquired during the period of marriage and property before marriage shall be binding on both parties. If the husband and wife agree to own the property acquired during the period of marriage, the debts incurred by one of their husbands or wives shall be paid off by the property owned by one of their husbands or wives if the third party knows the agreement.
 
 
 
由此可见,再婚前双方只要拟一个关于婚前财产归各自所有的书面协议,再到公证机关办理公证就可以。
 
This shows that before remarriage, the two parties only need to draw up a written agreement on the ownership of property before marriage, and then go to the notary office for notarization.
 
 
 
再婚夫妻财产怎么分割
 
How to divide the property of remarried couples
 
 
 
再婚离婚财产分割和一婚离婚分配财产的原则都是一样的,即只分配夫妻婚姻关系期间的共同财产,对婚前及婚后专属一方的财产,不在离婚财产分配范围之内。具体来说,遵照以下原则:
 
The principle of property division in remarriage divorce is the same as that in divorce, that is, only the common property during the marriage relationship is allocated, and the property of the exclusive party before and after marriage is not within the scope of divorce property distribution. Specifically, the following principles are followed:
 
 
 
1.男女平等原则。
 
1. The principle of equality between men and women.
 
 
 
2..照顾子女和女方利益原则。
 
2. The principle of caring for the interests of children and women.
 
 
 
3.有利生活,方便生活原则。
 
3. The principle of advantageous life and convenient life.
 
 
 
4.夫妻一方所有的财产,在共同生活中消耗、毁损、灭失的,另一方不予补偿。
 
4. If the property owned by one spouse is consumed, destroyed or lost in the common life, the other spouse shall not be compensated.
 
 
 
5、照顾无过错方的原则,就是指在一方存在过错的时候,离婚财产分割照顾无过错方,及对无过错方对分财产。
 
5. The principle of taking care of the party without fault refers to the division of divorced property to take care of the party without fault and the division of property between the party without fault.
 
 
 
夫妻办理财产分割协议公证,应当注意的问题有:
 
Notarization of property division agreement between husband and wife should pay attention to the following problems:
 
 
 
(1)区分被分割的财产是按份共有还是共同共有,对按份共有的财产,按已有之份额进行分割;对共同共有的财产,由当事人自由进行分割;
 
(1) To distinguish whether the divided property is shared by shares or jointly owned, to divide the property jointly owned by shares according to the existing share, and to divide the property jointly owned freely by the parties concerned;
 
 
 
(2)如果共有人中有人出卖自己占有的份额,其他共有人在同等条件下享有优先购买权;
 
(2) If one of the co-owners sells his share, the other co-owners shall enjoy the preemptive right under the same conditions;
 
 
 
(3)不宜分割的财产或者分割后有损价值的财产,应当采取折价、适当补偿的方式处理;
 
(3) Property unsuitable for division or property with damaged value after division shall be treated by means of discount and appropriate compensation;
 
 
 
(4)如有共有人下落不明,应保留其应得之份额;如有共有人死亡,则死者的法定继承人或其他遗产受益人参与分割;
 
(4) If the whereabouts of the co-owners are unknown, their share shall be retained; if the co-owners die, the legal heirs of the deceased or other beneficiaries of the heritage shall participate in the division;
 
 
 
(5)共有财产上有债务负担的,应明确各共有人承担债务的份额和偿还方式;
 
(5) Where there is a debt burden on the joint property, the share of each joint owner's debt and the method of repayment shall be clearly defined.
 
 
 
(6)因合伙终止等原因发生财产分割的,应当提交合伙关系或其他合作关系终止的证明;
 
(6) Where property division occurs due to termination of partnership or other reasons, a certificate of termination of partnership or other partnership shall be submitted;
 
 
 
(7)分割财产应当考虑各共有人对共有财产的贡献大小以及共有人的具体经营生活需要。分割家庭共有财产,应当对老弱病残者给予适当照顾;分割夫妻共有财产,应当对无过错责任者给予适当照顾;
 
(7) The division of property shall take into account the contribution of each co-owner to the joint property and the specific business and living needs of the co-owners. When dividing up the common property of the family, proper care shall be given to the old, the weak, the disabled, and when dividing up the joint property of the husband and wife, appropriate care shall be given to those who are not responsible for the fault.
 
 
 
(8)权利人放弃法定应当分得财产的,应当向公证机构提交放弃财产的声明书;
 
(8) If the obligee abandons the property which should be lawfully shared, he shall submit a declaration of abandonment of the property to the notary institution;
 
 
 
(9)被分割的财产需要办理变更登记和批准手续的,应当明确办理相关手续的时间
 
(9) Where the partitioned property needs to go through the formalities for registration and approval of changes, the time for going through the relevant formalities shall be specified.
 
 
 
再婚者因为之前大多都有过一段失败的婚姻,所以会对新的婚姻生活缺乏安全感,同时,再婚涉及的财产问题也困扰着他们,此时,做一个财产公证就相当重要了。如果您的情况比较复杂,本网站也提供律师在线咨询服务,欢迎您进行法律咨询。
 
Because most remarried people have had a failed marriage before, they will lack a sense of security in the new marriage life. At the same time, the property problems involved in remarriage also plague them. At this time, it is very important to do a property notarization. If your situation is more complex, this website also provides online counseling services for lawyers, you are welcome to conduct legal consultation.
 
  

 


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