In divorce cases, many cases involve gifts. If the property under his name is transferred to his children through a gift, if his children are divorced, can the contract for the gift to one of the children be signed before the divorce, can such a gift contract be valid?
Generally speaking, when a divorce is ready, a gift contract signed by one of the spouses and the parents is invalid. If it is malicious collusion that harms the interests of the other party, the contract is invalid.
Theoretically, to judge whether the gift contract written before the divorce is valid and whether the conditions for the contract to take effect are met, because the gift contract is related to the division of the divorced property, if it is a contract signed by one of the spouses and the parents in collusion, it is invalid.
From the perspective of judicial practice, judges will generally find that it is invalid to re-sign the gift contract before divorce, because it is impossible to examine the true intention of the parties to the gift contract at that time.
Therefore, the gift contract signed by the other party before the divorce for fear of the other party's division of property is a malicious collusion, infringing on the actual interests of the other spouse and not producing legal effect.
In the event of divorce, the husband and wife can first negotiate on the issue of property distribution, and if they can reach a consistent opinion, it is best to avoid illegal acts such as concealing property and transferring property. If an agreement cannot be reached on the division of property at the time of divorce, divorce proceedings may be instituted in court and request that the joint property of the spouses be divided in accordance with the law.
Marriage lawyer Li Xiaojuan, a professional divorce lawyer in Hangzhou, only handles marriage cases.
Specialty: divorce, custody, property division, separation of family property, agreement drafting.
Legal basis:
Civil Code of the People's Republic of China
Article 154.0
Civil juristic acts in which the perpetrator maliciously colludes with the counterparty to harm the lawful rights and interests of others is invalid.
Article 1062
The following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:
(1) Wages and bonuses;
(2) Income from production and operation;
(c) proceeds from intellectual property rights;
(4) Property acquired through inheritance or donation, except as provided for in Paragraph 3 of Article 1063 of this Law;
(5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of jointly owned property.
Article 1063
In any of the following circumstances, it shall be the property of one of the spouses:
(a) the premarital property of one party;
(2) Expenses such as medical expenses or living allowances for persons with disabilities obtained by one party as a result of bodily injury;
(c) property specified in a will or gift contract to belong only to the husband or wife;
(4) Daily necessities for the exclusive use of one Party;
(5) Other property that shall belong to one Party.