Can the gifts between husband and wife be revoked?

■ Lei Chunbo Li Qianyun

Mr. Zhou promised to give her two real estate after marriage to Ms. Lin before marriage. Ms. Lin always doubted Mr. Zhou's verbal guarantee. Under Ms. Lin's "pressure", Mr. Zhou signed a gift agreement with her. The two sides were sweet after marriage. Mr. Zhou also gave the agreed real estate transfer to Ms. Lin. The other set of agreed was still under the name of Mr. Zhou.

But the good times did not last long. The two parties still went to divorce. In the lawsuit, Mr. Zhou advocated that he had canceled the gift. The two real estate was not Ms. Lin's personal property.

So, can Mr. Zhou revoke the gift?

For unprecedented real estate, when the following conditions are met, you can exercise arbitrarily withdrawal rights

1. The two parties have signed a real estate gift contract. The gift contract is the basis for exercising arbitrary withdrawal rights;

2. The target of the gift is real estate;

3. The real estate has not been registered for transfer registration or "adding names". The donor is still the owner of the property;

4. The gift of the gift is the right to revoke the real estate gift contract without illegal revocation rights.

Article 32 of the "Supreme People's Court Civil Code Marriage and Family Editors (1)" stipulates that during the pre -marital or marriage relationship, the parties agreed to give all the real estate to the other party or shared by the party. The other party requested the order to continue to perform, and the people's court could handle it in accordance with the provisions of Article 658 of the Civil Code.

Article 658 of the Civil Code stipulates that the gift of the gift may be revoked before the right to the property of the property. The notarized gift contracts or gifts such as disaster relief, poverty alleviation, and disability such as disaster relief, poverty alleviation, and disability shall not apply to the preceding paragraph.

For those who have already handled the real estate, it is determined that it has been fulfilled.

One of the two or more real estate to the other parties to the other parties will be given to the other party. After some real estate goes through the registration procedures, the gift will be used to exercise arbitrarily withdrawal rights, and the part of the part that has not been fulfilled will not be fulfilled, and the other party requests to continue to perform. Such disputes are not a small number of actual situations. The judgment ideas in practice are: the part that has been fulfilled is valid; for the parts that have not been fulfilled, in accordance with the provisions of Article 658 of the Civil Code, if the real estate has not been registered or notarized procedures, the donor can exercise the right to revoke. The part of the performance no longer performs.

Lawyer tip

During the pre -marital or marriage relationship, when the party is given the real estate, the gift contract can exercise arbitrarily the right to revoke before the property rights change is registered without notarization. right. It is recommended to handle the registration of property rights in a timely manner. If it cannot be changed in time, the gift contract will be notarized first.

Between husband and wife, no matter whether it is all or part, the premise must be personal property, and the real estate needs to be delivered in actual delivery. Real estate needs to be registered or notarized, otherwise the gift can be arbitrarily revoked. To protect your property rights and interests, we must see the essence through the phenomenon, not only understand the ownership of the property, but also understand the way to transfer the ownership.

(The author of this column is a lawyer of Shanghai Family and Family Law Firm)

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