In divorce lawsuits, there are often cases where the originally loving couple became rivals after passing for property. In order to prevent the spouse from dividing the property in the divorce, some people “gift” large amounts of property such as real estate, cars, and company equity to their parents, siblings, and children, so as to transfer the common property of the couple and even retaliate against the other the goal of. According to the nature of the gifted property, it can be divided into two categories: personal property and common property of the husband and wife. The nature of the gifted property is different, which will bring two different types of legal consequences:
(1) Unilateral donation of personal property is valid without the consent of the spouse. If the gift is personal property belonging to the donor, such as pre-marital property, personal property agreed upon after marriage, legal personal property after marriage (such as disability compensation), then the donor has the complete right to dispose of the gift and does not need to Gifts can be given with the consent of the spouse, and spouses cannot revoke such gifts.
(2) The unilateral donation of the husband and wife s common property is still pending. If the gift is the common property of the husband and wife, it is a common share regardless of share. According to the law s provisions on common property, the consent of all the co-owners is required to dispose of the common property, that is, the consent of both spouses. If the spouse unilaterally grants the joint property, the spouse of the other party needs to confirm it. The effect of the unilateral gifting act is to be determined before the spouse agrees to the gift. In other words, if one spouse quietly donates the property of the couple to another person without the consent of the other spouse, once the spouse knows that the consent of the spouse, the unilateral gift is valid; if the other spouse does not agree, the gift is invalid. The grantee shall return the property.