What is the agreement about division of property from the marriage contract?

There are 2 ones in the legal nature of civil law document — the agreement on the division of property and prenuptial agreement. What are the specifics of each of them? What is the agreement about division of property from the marriage contract?

The content of the article

What is an agreement about property division?

Considering the agreement between spouses for the purposes of efficient distribution of available property. Thus, the document can be written that, for example, ownership of the apartment becomes the wife, and the owner of the summer house becomes a husband. The same can apply to various types of movable property.

A similar agreement is made as simple written document. In the General case, a notarial confirmation of its execution is not required.

The agreement in question, the spouses are entitled to conclude:

  • during the marriage;
  • after the divorce.

Until the relationship of husband and wife will not be registered by the state or they also cancelled the document in question cannot be made. By the way, some lawyers believe that the agreement in question was legitimate to enter only during the marriage, while the post-divorce distribution of property must be exercised judicially. But not all experts share this view — many have noted that the Family code of the Russian Federation stipulates the right of citizens to enter into agreements on the division of property during the marriage and after the divorce.

The subject matter of the agreement can only be actually available to the spouses property. That is, they are unable to register in the relevant contract, the distribution of property, which is expected to acquire in the future — for example, if we are talking about the apartment in a newly built house.

In the agreement, in question, should not be prescribed rights and responsibilities of spouses to maintenance of the property and ensure its functionality. By an appropriate instrument, it is just distributed between the parties.

Using the review agreement, it is impossible to establish the ownership of wife in husband’s property which he acquired before the marriage, and Vice versa. If the spouse still wants to transfer any property purchased before marriage, into the possession of a wife — he needs to make a separate gift agreement. Or — to sign her marriage contract in which the option may be present. Examine the specifics in more detail.

to table of contents ↑What is a prenup?

Under the marriage contract also made to understand the document prepared by a husband and wife for purposes of distribution of property — movable or immovable. But he has a number of features.

So, the conclusion of the contract necessarily require notarization. The contract in question, should be structured to meet certain criteria. Failure to do so he, as a rule, is repealed.

A marriage contract may be concluded:

  • before the state registration of the relationship of husband and wife;
  • in the period of marriage.

Thus, after a divorce considered a contract impossible. However, it is possible to prescribe the procedure for the allocation between husband and wife not only have their property but also the property they intend to purchase in the future.

In the contract, in question, can be recorded the responsibilities of each party for maintenance and maintaining the functional state of the property received. Moreover, the document may be prescribed by the condition that the property is returned to the original owner if it received the contract party does not comply with the relevant obligations.

Through consideration of the contract, the property owned by husband prior to marriage, can be transferred to the property of the wife and Vice versa. This is what we said above. The contract of donation in addition to the relevant document is not required.

to table of contents ↑the Difference between the agreement on the division of property and marriage contract

It is possible to identify more than one different agreements about division of property from the marriage contract. The reporting documents vary in a wide range of substrates, such as:

  • mandatory notarization and write in a certain structure;
  • the possibility of concluding before marriage or after;
  • the legality of the allocation of property rights, which is expected to purchase in the future;
  • the distribution of responsibilities for maintenance of the property;
  • the validity of the transfer of property of the husband owned by him before marriage, the wife, and Vice versa.
  • To more clearly display what’s the difference between the agreement on the division of property and the marriage contract is expressed in relation to the above criteria, will help us a small table.

    to content ↑Comparative table

    The agreement on the division of property
    A prenuptial agreement

    What is common between them?

    Both documents allow spouses to divide the property

    What is the difference between them?

    Does not require notarization
    Require notarization

    Does not require preparation in accordance with the established structure
    Requires the compilation in accordance with concrete structure

    Can be signed during marriage and after divorce
    Can be signed to register relations in the registry office and during the marriage

    Cannot be used for the distribution of property rights, which is expected to purchase in the future
    Can be used for the distribution of property rights that it is planned to buy in the future

    Can’t include points on the allocation of responsibilities of the parties for the maintenance of the property
    May include items on the allocation of responsibilities of the parties for the maintenance of the property

    Does not allow the husband to be his wife in the property purchased prior to the marriage, and Vice versa
    Allows one spouse to transfer ownership of the property acquired before marriage property

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