It is recommended that both husband and wife write a written guarantee to clarify matters such as property ownership and inheritance of both parties, and sign it under the witness of witnesses. In order for the letter of guarantee to have legal effect, it needs to comply with the provisions of the "Contract Law of the People's Republic of China", which requires both parties to reach an agreement voluntarily and equally, and the content must comply with relevant legal provisions. In addition, the guarantee can be notarized or submitted to the marriage registration authority for filing at the time of marriage registration to strengthen its binding force.
In China, disputes often arise over property ownership and inheritance between husband and wife. Therefore, it is particularly important for husband and wife to sign a written guarantee before or after marriage. In order for the guarantee letter to be legally effective, the following points need to be noted: 1. Voluntariness: The signing of the guarantee letter by the couple should be based on the consent of both parties, without any illegal means such as coercion and fraud. 2. Equality: Both husband and wife should be equal in the process of signing the guarantee letter, and there should be no situation where one party has an advantage. 3. Legal compliance: The content of the guarantee letter should comply with relevant legal provisions, otherwise it will lose its legal effect. In addition, in order to strengthen the binding force of the guarantee, the couple can choose to notarize the guarantee, or submit it to the marriage registration authority for filing when registering the marriage. Doing so can make the guarantee have higher legal effect and effectively safeguard your rights and interests in the event of future disputes.
What should be done if the guarantee signed between husband and wife violates legal provisions? If a bond signed between a couple violates legal provisions, the bond will lose its legal validity. Both parties should promptly revoke the letter of guarantee and make a new letter of guarantee that complies with legal provisions.
A letter of guarantee between husband and wife can have legal effect.
Legal basis:
Article 24 of the "Contract Law of the People's Republic of China" The conclusion and performance of a contract shall follow the principles of voluntariness, equality, fairness, good faith and good faith.