1. After marriage, I gave my house to a third party but my spouse didn't know. Can I get my house back?
If the use of the property jointly owned by husband and wife is involved, but one spouse is unaware of it, then one spouse has the right to get the property back, because one spouse has the equal right to dispose of the property jointly owned by husband and wife.
Case playback:
Xiao Zhang and Xiao Wang's wife have a successful career after marriage. But then one day, his wife Xiao Zhang found out that her husband Xiao Wang secretly bought a house worth 2 million for the company's female secretary. Angry Xiao Zhang asked for the return of the property, but in the end he appealed to the court because the negotiation was fruitless.
Case study:
According to the contract law, the husband's own gift behavior is established, but the following points cannot be ignored:
1) The property used by the husband is the joint property of the husband and wife, and both parties have the right to dispose of the property, but the spouse does not know when the husband will dispose of the property.
2) Husband Xiao Wang's behavior violates social morality.
In this case, according to the provisions of the Marriage Law, it is invalid for a spouse to give * * * and property to others without authorization.
In addition, the General Principles of the Civil Law stipulates that civil actions should respect social morality and may not harm public interests. Husband Wang Mingxian violated this point, so the wife can get her property back!
Second, after the divorce, the real estate changed hands, but can the donor get it back if he goes back on his word?
Divorce by agreement and the change of property rights has been completed, and the gift shall not be revoked without authorization.
Case playback:
Qian is an executive of a company with a high income, and his wife Wang takes care of the children at home. However, because money has a tendency to domestic violence, it didn't take long for the two to agree to divorce. According to the agreement, the children will live with Wang, and Qianmou will pay 900 yuan alimony every month and give Wang a house as compensation before marriage. But soon, Qian argued that it was not his true intention to give the house to Wang for divorce, so he proposed to cancel the gift.
Case study:
The divorce agreement between Qian and Wang was reached through equal consultation, which was the result of consensus between the two sides. According to the relevant provisions of China's Marriage Law and Contract Law, the gift of money has legal effect and cannot be revoked without authorization.
Third, what should I pay attention to when giving a house after marriage?
When giving a house after marriage, due to the handling of husband and wife's property, attention should be paid to:
1. The gift requires the consent of the spouse. It is recommended to sign the consent form.
2. For the gift that has not been registered for the change of real estate, even if a gift contract is signed, it can be withdrawn at will. Except for the following two cases:
1) has notarized the gift contract.
Notarization is essentially a proof of the authenticity and legality of legal acts, agreements and contracts, and once notarized, it has legal effect. Once the gift contract is notarized, it can show that the donor's gift intention is clear, and the donor may not revoke the gift at will.
2) Gift contracts with the nature of social welfare and moral obligation.
No matter whether it is notarized or not, no matter whether there is a change in property rights, the donor shall not revoke such gift at will. Article 186 of China's Contract Law stipulates that the donor may revoke the gift before the right to donate the property is transferred. The provisions of the preceding paragraph shall not apply to gift contracts with the nature of social welfare and moral obligation such as disaster relief and poverty alleviation or notarized gift contracts.
Source:
law of contract
Marriage Law