Is the property agreement after marriage unfair and effective?

Legal analysis: Whether the marital property agreement is obviously unfair depends on the specific situation. In general, this agreement is invalid under the following circumstances:

1, the civil subject is unqualified;

2. One party uses fraud, coercion or taking advantage of others' danger to make the other party go against its true meaning;

3, malicious collusion, damage the interests of the state, the collective or the third party;

4. Violation of laws or social interests:

5. Cover up illegal purposes in a legal form.

Legal basis: Article 1062 of the Civil Code of People's Republic of China (PRC), the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife, which belongs to husband and wife: (1) salary, bonus and labor remuneration; (2) Income from production, operation and investment; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of the same property.

Article 1063 The following property is the personal property of one spouse: (1) the property of one spouse before marriage; (2) Compensation or compensation obtained by one party for personal injury; (3) Property that is determined to belong to only one party in the will or gift contract; (4) Daily necessities used exclusively by one party; (five) other property that should be owned by one party.

Article 1064 The debts incurred by both husband and wife for the same signature or by one party afterwards, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife. Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.

Article 1065 A man and a woman may agree that the property acquired during the marriage relationship and the property before marriage shall be owned by themselves, wholly or partly, and partly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply. The agreement between husband and wife on the property acquired during the marriage relationship and the property before marriage is legally binding on both parties. The husband and wife agreed that the property acquired during the marriage relationship should be owned by each other, and if the other party knows the agreement, the personal property of the husband and wife should be used to pay off the debts owed by the husband and wife.

Article 1066 During the marriage relationship, under any of the following circumstances, one of the spouses may request the people's court to divide the property: (1) one of the spouses conceals, transfers, sells, damages, squanders the property or forges the debts of the husband and wife, which seriously damages the interests of the husband and wife; (two) one party has a legal obligation to support the person who needs medical treatment because of a serious illness, and the other party does not agree to pay the relevant medical expenses.