Legal gas station
Marital gifts, often referred to as "post-marital additions", are an act of transferring property that occurs during a marriage. This kind of gift is different from the gift in ordinary civil activities, because it occurs in the special field of identity of marriage. The cornerstone of marriage is emotion, therefore, marital gifts more or less contain complex factors such as husband and wife feelings, family relationships, etc.
For both husband and wife, before making a gift, both parties should carefully consider the changes that the gift may bring to their property and feelings, and weigh the pros and cons and risks. After the donation, if the donor exercises the right of revocation and claims that the gift is contrary to its true intention, the review of the people's court is also different from the review of the revocation of the gift in ordinary civil activities. Rather, in the context of marriage, the performance of both husband and wife before and after the gift and even in the entire marriage process is examined to determine whether the gift can be revoked.
"Pre-marital real estate and post-marital name addition" is a common act of marital gifting. Such actions are generally not arbitrarily reversed. Because the gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance of the gift. The house purchased by one of the parents before the marriage is the pre-marital property of one of the parties. After marriage, if the name of the other party is added to the title deed of the house, it is a gift to the other party's share of the property. During the existence of the marital relationship, the husband and wife agree to donate the share of the real estate owned by one party to the other party, and if they want to revoke the gift, it can only be before the donor changes the registration of the donated real estate. However, if the donated property has already been registered for the change of property rights, it is generally difficult to revoke it because the transfer of property rights has been completed.
However, according to the law, there are some special circumstances in which a gift contract can be revoked. For example:
1.If the donee fraudulently causes the donor to make the gift contrary to his true intentions, the donor may request the people's court to revoke the gift.
2.If the donee seriously infringes upon the lawful rights and interests of the donor or the donor's close relatives, or has an obligation to support the donor, but fails to perform or fails to perform the obligations stipulated in the gift contract, the donor may revoke the gift.