Does divorce property notarization have legal effect?

The Civil Code stipulates that the notarization of real estate is also valid after the divorce of husband and wife, and the notarized parties shall submit the property certificate and the identity information of the applicant to the notary office. According to the relevant laws and regulations, the notary should examine the property right certificate and ask whether the parties have cheated or misled the contents of the property agreement, and then both parties should sign in front of the notary.

Property notarization is valid after the divorce of husband and wife. But it must meet the statutory conditions and go through legal procedures. According to the relevant laws and regulations, husband and wife can agree that the property acquired during the marriage relationship and the property before marriage belong to themselves, all or part of them, and part of them. An agreement on property division notarized according to law shall be used as the basis for ascertaining the facts, unless there is evidence to the contrary enough to overturn the notarization.

How does the new marriage law stipulate the division of divorced real estate? The division of real estate after divorce is stipulated in the new marriage law as follows:

1. If the property belongs to the joint property of husband and wife, the husband and wife can settle it through consultation. If negotiation fails, the court will make a judgment based on the principle of taking care of the rights and interests of children, wives and innocent parties.

2. If the property belongs to one spouse, it belongs to the personal property of one spouse before marriage. The other party has no right to ask for division.

3. If the property is the personal property of the husband and wife before marriage, the other party has no right to divide it.

According to Article 76 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Civil Law to Marriage and Family, if the husband and wife fail to reach an agreement on the value and ownership of the house in the same property of the husband and wife, the people's court shall deal with it separately according to the following circumstances:

(a) the two sides claim the ownership of the house and agree to bid, which should be allowed;

(two) if one party claims the ownership of the house, the evaluation institution shall evaluate the house according to the market price, and the party that obtains the ownership of the house shall give the other party corresponding compensation;

(three) if neither party claims the ownership of the house, the house shall be auctioned or sold according to the application of the parties, and the proceeds shall be divided.

Property notarization has legal effect. According to the provisions of Article 25 of the Notarization Law, a natural person, legal person or other organization that applies for notarization may submit it to the notary office at the place of domicile, habitual residence, behavior or fact.

Legal basis:

Article 11 of the Notary Law of People's Republic of China (PRC) * * * According to the application of natural persons, legal persons or other organizations, the notary office shall handle the following notarization matters:

(1) Contract; (2) inheritance; (3) entrustment, declaration, gift and will; (4) division of property; (5) Bidding and auction; (6) Marital status, kinship and adoption; (seven) birth, survival, death, identity, experience, education, degree, position, title, whether there is a criminal record; (8) Articles of association; (9) Preserving evidence; (ten) the signature, seal and date of the document, and the copy and photocopy of the document are consistent with the original; (eleven) other notarization matters voluntarily applied by natural persons, legal persons or other organizations.

For matters that should be notarized according to laws and administrative regulations, the relevant natural persons, legal persons or other organizations shall apply to the notary office for notarization.