In fact, pre-marital property notarization is not very meaningful to ordinary people. Everyone is a moonlight clan and has almost no deposits, so naturally there is no such thing as property notarization.

However, for the wealthy class with assets of over one million, this measure is a strong guarantee of personal assets. Otherwise, once divorced, the wife will have the right to share half of the assets, and even cause the company to be out of control in one fell swoop, which is a common thing. Therefore, even if Yang Cheng is unwilling to do this notarization, the company's board of directors will force him to do it, for the sake of the overall situation.

Fortunately, Yang Cheng's company has started successfully, and this is all about being included in pre-marital property.

On the other end of the phone, Raham got up from the gentle countryside, 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 is going to register for marriage. If it is California, like most states in the United States, the husband and wife's joint property system is implemented. Without the property agreement between the two parties before or after marriage, the property acquired in the state of marriage belongs to the common property of the husband and wife.

If divorced, the common property must be distributed equally according to reasonable market prices. The couple's joint property will reduce the remaining property from the joint debt, and each will receive half of it.

Of course, this equal distribution does not mean that every item or property must be divided into two, but that the total market value of the property that both parties finally share is roughly equal. Regarding the specific distribution of each property, both parties must negotiate or hand it over to the court to make a ruling based on actual conditions.

Both parties may agree or the court decides that one party obtains the property and the other party obtains deposits in the bank account, and the market value of the property obtained by both parties is roughly equal.

If there are children, the court will make a judgment based on the need for the child to stabilize his life so that the party with custody of the child can be given housing, or based on actual considerations, the party running a company can be given to the company and can continue to operate, and the other party receives corresponding compensation.

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

The property before marriage belongs to the personal property. In addition, during the marriage, the property obtained by one party through gifts and inheritance belongs to his personal property. The interest and other property arising from the personal property also belongs to personal property.

During the divorce process, the other party has no right to share the part of the personal property. If the parents of one spouse give a house to their children during the marriage, the house belongs to the personal property of the giftee. The rent metal for the house is in personal property. If the rent is used to buy a car, the car is also personal property. Unless the gift can be proved between the couple, if the gift occurs, if divorced, the other party has no right to share the property."

Raham just introduced it in a general way. This is similar to Yang Cheng’s understanding, but he needs to figure out some questions. This involves tens of billions of assets, and he cannot tolerate any carelessness, and he will not find it troublesome.

"Can you tell me specifically 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 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 basis for the court to judge more shared property to the relatively poor party, because the court has no obligation to distribute the property equally between the husband and wife. However, if there are enough assets so that both husband and wife can live well after divorce, the court will make a judgment in a fair and equal way as much as possible;

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 far better than the other party, the court may award more shared property to the party with relatively weak money, because the court usually believes that the party with relatively weak money ability is more likely to earn back the money lost in the divorce than the party with relatively weak money ability."

Yang Cheng frowned and interrogated, "In other words, in the judgment process, will the relatively weak side be more favorable?"

As a lawyer, Raham has always been cautious in wording, thinking for a while before answering, “It can be said that, but 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 the entire or most of the shares to the party running the business. At the same time, the court not only considers which party earns the property, but also seeks to solve the economic problems after the divorce between the couple. If the value of the company and the family is roughly equivalent, then usually the court will award the company to the party running the business and the family to the other party.”

Yang Cheng raised his eyebrows in surprise, "What if he is a housewife or a party with a lower income? Or should he make a judgment based on the basis of being weaker?"

Raham explained with a smile, "The court will take this into consideration and consider the contributions made by the spouse of a housewife to carry out housework or raise children.

Usually, housewives can make the other party who works outside transfer more money, and each judge's punishment is different. Some courts believe that housewives are easily disconnected from society for a long time and will weaken their ability to make money. If one party can prove that it will lose the opportunity to gain further study or work experience and then obtain a higher income, then this may become one of the advantages of obtaining more common property."

He 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 squandered and wasted, it will immediately become one of the adverse factors of the judgment.

Waste and squander include giving huge amounts of money to others, especially when opposed by the other party, such as spending on extramarital affairs.

Of course, courts rarely regard business failure as waste and squandering, usually only as a risk of doing business, and neither party needs to be punished, especially since the business has brought benefits to both parties and has been well-managed in the past, so the failure of investment will not be taken into consideration, but squandering money will definitely be an unfavorable factor.

Finally, the length of the marriage lasts is also an important basis for consideration. The longer the marriage lasts, which is a favorable basis for awarding most of the property to the less wealthy or weaker party. The longer the marriage lasts, the greater the possibility that the court will regard both spouses as equal partners.

In addition, including age and health status, this basis is beneficial to the older or poorly healthy party;

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

Of course, in this case, the court generally only considers some specific taxes that are generated instantly, and taxes that will only be generated in the next few years are not considered."

Yang Cheng became more and more shocked the more he heard it. His previous understanding of the distribution of divorce property was limited to equal distribution. Unexpectedly, there were so many tricks in it, and these lawyers deserved to make a lot of money. If there were no lawyers to assist, who could figure out these things clearly?

Anyway, it is difficult for elites like Yang Cheng to understand so meticulously, and they are also very grateful. Fortunately, I called this phone to ask about the situation, otherwise I would have suffered a loss in the end and I would have been too late to regret it.

He sighed, "So this pre-marital property agreement is a must."

Raham agreed, "That's right, especially if you have huge amounts of property like Mr. Yang, every move will lead to social unrest. A prenuptial agreement with legal benefits can be regarded as the trump card for dividing common property. The couple have agreed on how to distribute property during divorce through a prenuptial agreement, so that the court can analyze and consider a series of factors for dividing property, and save 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 you wait until you get married and there is no notarization agreement, it will belong to the shared property between the husband and wife, which means that once you divorce, you must comply with the judgment assigned by the court."

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

Raham continued, "We still need to analyze the specific situation in detail, but let's take the general situation as an example. If parents give a property to a property, the title certificate must clearly state that it is a gift. If parents provide money to buy a property, all evidence must be kept to prove that the money comes from the parents' account.

If there is a loan for the property, unless the loan is paid from the parents or their own pre-marriage deposit, if the income after marriage is paid, the income after marriage is shared. Unless there is a pre-marriage agreement that proves that the income after marriage is your own personal property, the other party will have a certain common interest in the property.

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

If the items given to parents are not real estate, such as cars, money, jewelry, etc., the above methods also apply. It is worth noting that jewelry belonging to individuals should not be placed in the other party or the common safe, because it is very likely that they will not be able to recover after divorce. In addition, the ownership of the car should not be added to the other party's name. The insurance of the car should be placed in a co-insurance policy as much as possible. If the car wants to pay in installments, do not pay with the income after marriage.
Chapter completed!