Chapter 845： Pre-marital property notarization?

Actually, pre-marital property notarization is of little significance to ordinary people. Everyone is a moonlight clan and has almost no savings at all. Naturally, property notarization can't be mentioned.

However, for the wealthy class with more than one million assets, this measure is a strong guarantee for personal assets. Otherwise, once divorced, the wife will have the right to approach half of the assets, and even cause the company to get out of control in one fell swoop. This is a common occurrence. Therefore, even if Yang Cheng is unwilling to do this notarization, the company's board of directors will force him to do it. This is for the overall consideration.

But fortunately, Yang Cheng’s company has already started successfully, all of which must be included in the pre-marital property.

On the other end of the phone, Raham got up from Gentle Township, put on a pajamas, came to the window, leaned against the wall and introduced to Yang Cheng, “I don’t know where Mr. Yang is going to register his marriage. If it’s California, he will be Some states also implement the joint property system of husband and wife. If both parties do not have an agreement on property before or after marriage, the property acquired while the marriage is continuing belongs to the joint property of husband and wife.

In the event of a divorce, the joint property shall be equally distributed according to a reasonable market price, and the joint property of the husband and wife shall be divided into half of the remaining property after the joint debt is reduced.

Of course, this equal distribution does not mean that every thing or property must be divided into two, but the total market value of the property that the two parties finally get is roughly equal. Regarding the specific distribution of various properties, the two parties still need to negotiate and negotiate. Or hand it over to the court to make a ruling based on the actual situation.

The two parties can agree or be ruled by the court that one party obtains the real estate and the other party obtains the deposit in the bank account, and the market value of the property obtained by both parties is roughly equal.

If there are children, the court makes a decision based on the need for a stable life of the children to allow the party with child custody to get a house, or based on practical considerations, let the party who runs a company get the company and continue to operate, while the other party gets it. Compensation corresponding to the amount.

If the market value of the property cannot meet the distribution requirements, the court may rule to sell a certain part of the property and then distribute it.

The property of both spouses before marriage is their personal property. In addition, during the marriage, the property obtained by one party through gift and inheritance is his personal property, and the interest and other property generated by personal property are also personal property.

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

Raham just gave a general introduction, which is similar to Yang Cheng's understanding, but he needs to figure out some questions. This is a matter involving tens of billions of assets. It cannot be sloppy, and he will not be bothered.

"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.

Raham pondered, "From past experience, taking California as an example, if one party owns far more personal property than the other party, then this may be the case as the court awards more common property to relatively less wealthy individuals. The basis for one party is that the court is not obliged to divide the property equally between the spouses. However, if there are enough assets to enable both spouses to live well after the divorce, the court will try its best to move towards fairness and equality. Come to judge

In addition, the ability to make money is indeed one of the important factors considered by the court. If one party’s ability to make money is much better than the other, the court may award more common property to the party with relatively weaker ability to make money. One would think that, compared to the party with the weaker earning power, the party with the stronger earning power is more likely to earn back the money lost in the divorce. "

Yang Cheng frowned and interjected, "In other words, in the judgment process, will the relatively weaker party be more advantageous?"

Raham, as a lawyer, has always been very cautious about the wording. After thinking about it for a while, he replied, "It can be said, 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 the property.

When the court divides the family business, it usually awards the entire share or most of the share to the party operating 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 couple after the divorce. The problem is that if the value of a business and a family are roughly the same, then usually the court will award the business to the party who runs the business and the family to the other party. "

Yang Cheng raised her eyebrows in surprise, "Then what if it is the housewife or the lower-income party? Or should the judgment be made on the basis of preference?"

Raham explained this with a smile, "The court will take this into full consideration and consider the contribution of the spouse as a housewife to housework or raising children.

Usually, a housewife can make the other party who works outside the home transfer more money. Each judge’s sentence is different. Some courts believe that the housewife’s long-term housework at home will easily become disconnected from the society and will weaken her earning ability. If one party can prove As a result, it leads to the loss of opportunities for further education or work experience, and then higher income, then this may become one of the advantages of obtaining more common property. "

paused, and continued to add, "There is another point to emphasize that when dividing property, if one of the spouses is judged by the court to have wasted, it will immediately become one of the disadvantages of the judgment.

Wasteful squandering includes dubo, giving huge amounts of money to others, especially under the premise of opposition from the other party, such as spending on extramarital affairs.

Of course, courts generally seldom regard business failure as a waste and profligacy, and usually only as a risk of doing business. Both parties do not need to be punished, especially if the business has brought benefits to both parties and has been well-run in the past. Investment failure will not be taken into consideration, but spending money will definitely be a disadvantage.

Finally, the duration of the marriage of both parties is also an important basis for consideration. The long duration of marriage is a favorable basis for awarding most of the property to the less wealthy or less earning party. The longer the marriage lasts, the court will Both spouses are more likely to be regarded as equal partners.

In addition, including age and health status, this basis is beneficial to the elderly or poor health;

There are also tax issues. The tax issues arising from the division of property are usually the decisive factor in the final division. The party who pays the taxes arising from the division of the property can obtain additional property compensation. On the contrary, the property agreement brings some tax benefits. The beneficiary party will receive less property.

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

Yang Cheng became more and more frightened when he listened. His understanding of divorce property distribution was limited to equal distribution. He didn’t expect that there were so many channels in it, and he deserved these lawyers to make a lot of money. If there are no lawyers to assist him, who can do it? Need to be clear?

Anyway, it is difficult for elites like Yang Cheng to understand such meticulousness. At the same time, I am very thankful. Fortunately, I made this phone call to ask about the situation. Otherwise, I would suffer in the end and regret it.

sighed, "So this prenuptial property agreement must be done."

Raham agreed and said, "Yes, especially if Mr. Yang holds a huge amount of property, every move will cause social unrest. A prenuptial agreement with legal benefits can be described as the trump card for dividing common property. The agreement has already agreed on how the property will be distributed at the time of divorce. It also saves the court from analyzing and considering a series of factors for dividing the property. It also saves the possibility of trouble at the time By the way, if Mr. Yang will inherit family assets in the future If you do, you’d better prepare in advance, because if you wait until you get married and then inherit, and there is no notarization agreement, it will belong to the joint property of both spouses, which means that once divorced, you must abide by the court’s judgment."

Yang Cheng touched the back of his head. He felt that getting married was more difficult than starting a business from scratch.

Raham continued, "We still need to analyze the specific situation, but we take the general situation as an example. For example, if parents donate real estate, the title certificate must clearly state that it is a gift. If parents provide money to buy real estate, All evidence must be kept to prove that the money came from the parent account.

If the real estate has a loan, unless the loan is paid from the parents or their own pre-marital deposits, if the post-marital income is used to pay, the post-marital income is a joint property, unless there is a prenuptial agreement that proves that the post-marital income belongs to one’s personal property. The other party has a certain common interest in the real estate.

If the donated property is a rent-collecting property, a separate account is also required to deposit the rent and use this account to pay for the expenses of the property.

If the parents donate items other than real estate, such as cars, money, jewellery, etc., the above methods are also applicable, and it is worth noting that personal jewellery should not be placed in the other party’s or common safe, because it is likely to be chased after divorce. If you don’t come back, and the ownership of the car, don’t add the name of the other party. Car insurance should not be included in the co-insurance policy as much as possible. If the car is to be paid in installments, do not use the income after marriage.

To put it simply, divide important assets as much as possible before marriage, and keep public and private after marriage. As long as you want something unique to yourself, you must save the evidence. Don't get excited and leave the other party in the contract or certificate. name. "