Case Mr. Wang and Ms. Xiao are husband and wife and have a daughter. The husband and wife have a house with two bedrooms and one living room, and the property right of the house is registered in the name of Mr. Wang. After eight years of marriage, the husband and wife often quarrel over trivial matters, and the contradiction is getting deeper and deeper. Mr. Wang filed for divorce, and Ms. Xiao also agreed to divorce, but asked the children to be raised by themselves and the house to be owned by themselves. Mr. Wang agrees that the children should be raised by Ms. Xiao, but does not agree that the house should be owned by Ms. Xiao alone. After compromise, the two agreed to give the house to their daughter and the property rights were registered in her name. Then they went through the divorce procedure. Mr. Wang moved out of the house, but Ms. Xiao asked Mr. Wang to cooperate in transferring the house to her daughter's name. Mr. Wang has been shirking, but in desperation, Ms. Xiao filed a lawsuit as her daughter. Mr. Wang responded that the house was originally intended for his daughter, but now he has changed his mind and refused to give it to his daughter. At present, the house has not been transferred, and she wants to cancel the gift and disagree with the transfer request.
court decision
The court held that the divorce agreement signed by Mr. Wang and Ms. Xiao was binding on both parties, so Mr. Wang was ordered to transfer the house to his daughter's name.
Lawyer's review
Article 186 of China's Contract Law stipulates that "the donor may revoke the gift before the transfer of the right to donate the property". However, in this case, the people's court did not support Mr. Wang according to the above provisions. There are two main reasons:
1. According to paragraph 1 of Article 8 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, "the agreement on the division of property in the marriage agreement or the agreement reached by the parties on the division of property due to divorce is legally binding on both men and women", Mr. Wang and Ms. Xiao dispose of the house to their daughter, which belongs to the division of husband and wife's property during divorce. This is the first reason for the people's court to make a judgment.
Second, even if this is a gift, as Mr. Wang said, the house belongs to Mr. Wang and Ms. Xiao before the gift. If it is a gift, it belongs to Mr. Wang and Ms. Xiao, not Mr. Wang. Therefore, Mr. Wang has no right to unilaterally revoke the property donated by * * *.
In this case, the people's court supported Ms. Xiao's request that Mr. Wang perform the obligation of property transfer on her behalf, which is also feasible. Therefore, if this kind of thing happens, both husband and wife should first understand the nature of personal marriage and the ownership of the house, and then make judgments and consultations. If there is any problem, they can consult a lawyer first and try to solve it peacefully.
(The above answers were published on 2015-10-19. Please refer to the actual situation for the current purchase policy. )
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