Houses without a real estate certificate at the time of the divorce of the couple can be donated, but the property right registration cannot be processed. The donation act has effects between the parties and has no legal effect externally.
Article 32 If one of the following situations occurs, the party concerned shall apply for registration of the transfer of ownership of the house after the relevant legal documents take effect or the facts occur:
In principle, an oral gift of a house is valid. The contract has legal effect not only in written form, but also in the form of a contract. The donor indicates that the house will be gifted to the recipient, and the recipient also accepts the gift, even if the two parties have not signed a written contract. Oral gifts are also effective.
Whether it is a written contract or an oral contract, the conclusion of the contract should have full capacity for civil conduct, that is, a normal adult who is over 18 years of age, and not a person with limited or incapable capacity, such as a 16-year-old minor who inherits a family property. The subject of a gift contract with another person is illegal.
Giving homes and receiving gifts are voluntary, that is, the parties express their true intentions, rather than being coerced or fraudulent to give houses to others or forced to accept gifts.
The gifted house is owned by the donor, the content of the gift is legal, and the gift is explicitly expressed orally or in writing. It cannot be presumed. If the relatives feel that the other party is childless, they will definitely give the house to Think of the dialogue between the two parties as a gift.
A house without a real estate certificate at the time of the divorce can be donated, but the property right registration cannot be handled. The gift act has effect between the parties and has no legal effect to the outside world.