Ningbo real estate before marriage, add name after marriage, add after then want to "withdraw", OK- Zhiheng Law Firm

Source: Shanghai Jing 'an District People's Court Author: Wu Shuang, Xia Xue, civil court (environmental resources court, executive court) "80" after Mr. Chen in order to maintain the relationship between husband and wife, stable marriage relationship, in the wife Ms. Jiang repeatedly "soft grinding hard bubble", agreed to add Ms. Jiang's name to his pre-marital personal property certificate. However, this has not been able to alleviate the conflict between husband and wife, the relationship between the two sides is becoming more and more rigid, Mr. Chen is very remorseful about his previous act of adding names, can he revoke his gift? Recently, the Shanghai Jing'an District People's Court (hereinafter referred to as the Jing'an District People's Court) heard such a gift contract dispute case.

1. review of the case

in 2012, Mr. Chen's parents bought a house in full and registered the owner as Mr. Chen. In 2015, Mr. Chen and Ms. Jiang entered the marriage hall, and this house became their love nest. After marriage, Ms. Jiang repeatedly proposed to Mr. Chen to add her name to the house property certificate, but because Mr. Chen's parents strongly opposed it, Mr. Chen never agreed, and the couple often quarreled about it. One day in May 2020, the two had another dispute over trivial matters. Ms. Jiang angrily reiterated to Mr. Chen: "If you don't add my name to the real estate certificate, let's divorce!" Mr. Chen was afraid that his wife was really going to divorce. Thinking of the relationship between husband and wife for many years and the young daughter, he kept it from his parents and added Ms. Jiang's name to the property certificate of the house, and the two each enjoyed 50%. Share of property rights. To Mr. Chen's surprise, on the night of adding her name, Ms. Jiang quarreled with her again and filed for divorce again. Within a few days, Ms. Jiang moved back to her mother's family with her daughter. Once, accompanied by her mother, Ms. Jiang went back to Mr. Chen's home to pick up daily necessities. The two families did not agree with each other and even smashed the furniture and appliances at home. In May 2021, Mr. Chen filed a lawsuit with the people's court for the first time, asking for divorce from Ms. Jiang. During the trial, Ms. Jiang said she did not agree to divorce and wanted to make up with Mr. Chen. Because both parties did not meet the legal conditions for divorce at that time, Mr. Chen's claim was not supported by the people's court. However, freezing 100.00cm is not a day's cold. After that, Mr. Chen and Ms. Jiang's relationship between husband and wife still did not ease. As a result, Mr. Chen sued the people's court again. this time, his application was to revoke his gift to ms Jiang's share of the real estate. Mr. Chen believes that Ms. Jiang used her psychology of wanting to maintain the relationship between husband and wife to deceive herself into donating the property rights of the house to her, but failed to fulfill the obligation to maintain the marriage relationship attached to the gift of the house, which constituted fraud. Ms. Jiang believes that she does not constitute fraud. Mr. Chen expressed his true intention to his gift, and there is no obligation. After the real estate certificate was added, she has been working hard to repair the relationship with Mr. Chen, so she does not agree with Mr. Chen. Claim.

trial by the 2. people's court

after the trial, the Jing'an District People's Court held that the gift of this case occurred in the special identity relationship of "husband and wife". The basis of the marriage relationship lies in emotion. The maintenance or improvement of the relationship between husband and wife requires the long-term and joint efforts of both spouses and even the elders of both parties. Efforts are the personal and moral obligations that family members should bear. Mr. Chen and Ms. Jiang have been quarrelling for a long time over whether to add a name to the real estate. Although the addition has been completed, the adverse effects of the family problems exposed in this matter on the relationship between the two will continue for a period of time and cannot be eliminated in an instant; Similarly, even if both parties are willing to use this as an opportunity to adjust their cognition and behavior, emotional repair will take time. At present, the two are still in the marriage relationship, and their relationship may still improve. Even if they divorce in the future, it may not only be attributed to one of them. Both parties should cherish the feelings between husband and wife and shoulder the responsibilities of the family, rather than maintaining the marriage only by establishing some kind of "property contract. In the end, the Jing 'an District People's Court ruled in accordance with the law that Ms. Jiang's behavior before and after accepting the gift did not constitute fraud against Mr. Chen. Mr. Chen's view that Ms. Jiang had not fulfilled the obligations attached to the gift lacked basis, so he did not support Mr. Chen's claim to revoke the gift that he had completed. After the judgment of the first instance, Mr. Chen appealed against it, and the original judgment was upheld by the court of second instance. Marital gifts are different from gifts in general civil activities because they occur in the special identity field of "marriage. As we all know, the cornerstone of marriage is emotion, which determines that marital gifts more or less contain complex factors such as husband and wife feelings and family relations. Therefore, for both spouses in marriage, on the one hand, before the gift, all parties should carefully consider the changes that the gift may bring to property and emotion, and weigh the advantages and disadvantages; on the other hand, if the donor exercises the right of revocation after the gift, claiming that the gift violates its true meaning, the review of the people's court is also different from the review of the cancellation of the gift in general civil activities, but will be under the background of marriage, the review of whether the gift can be revoked is based on the performance of the husband and wife before and after the gift and throughout the marriage.

3. "pre-marital real estate, post-marital addition" shall not be revoked at will.

A 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 Mr. Chen's parents before his marriage was Mr. Chen's premarital property. After marriage, Mr. Chen added the name of his wife, Ms. Jiang, to the title certificate of the house, which was a gift to Ms. Jiang's share of the property right. During the marriage, the husband and wife agree to give one party's share of the property to the other party, and the donor may revoke the gift before the registration of the change of the gift property, but if the gift property has been registered for the change of property rights, it is generally difficult to revoke the transfer of property rights because the transfer of property rights has been completed. The People's Court of Zhejiang High Court "Answers to Several Questions on the Trial of Marriage and Family Cases" (No. 2 [2016], currently effective) also has clear rules on the nature of the situation of "paying the full amount before marriage to buy a house and registering property rights after marriage", which can be referred to when dealing with such disputes.

Special circumstances under which a contract of 4. gift can be revoked

according to the law, the special circumstances in which the gift can be revoked are:

if the donee fraudulently causes the donor to make the gift against his true will, the donor may request the people's court to revoke the gift.
If the donee seriously infringes the legitimate rights and interests of the donor or the close relatives of the donor, has the obligation to support the donor and fails to perform or fails to perform the obligations stipulated in the gift contract, the donor may revoke the gift.

In this case, Mr. Chen claimed that Ms. Jiang had committed fraud on it, causing it to make a statement against the true meaning. However, according to the facts ascertained, before Mr. Chen made a gift to Ms. Jiang, the two were only in a common marital dilemma of frequent disputes, and there was no evidence that Ms. Jiang was determined to divorce at this time or deliberately defrauded Mr. Chen's real estate first and then divorced. And Mr. Chen himself also hopes to improve and maintain the relationship between husband and wife by adding a name to the real estate certificate. After the gift was completed, it was also Mr. Chen who filed a divorce lawsuit, so Ms. Jiang's behavior could hardly constitute a fraud against Mr. Chen. At the same time, the gift did not stipulate the corresponding obligations, and Ms. Jiang's view that she did not fulfill the obligations attached to the gift was not valid. Therefore, the gift in this case does not meet the special circumstances of revocation.

The cornerstone of 5. marriage lies in emotion rather than material.

Although objectively the function of marriage involves the distribution, reorganization and upgrading of the property interests of husband and wife, the foundation that should be paid more attention to and can fundamentally maintain marriage is precisely emotion, not material. When couples face emotional and material ties in marriage, the best way to solve problems is often the firmness of their feelings and their adherence to each other. In the face of "real estate before marriage and name addition after marriage", the investor considers "adding names should be cautious", while the adding party believes that "interests must be protected", which is not an irreconcilable contradiction. The judge here reminds: the foundation of marriage is love, and the maintenance of marriage requires both husband and wife to understand and support each other based on emotion. Only in this way can marriage stand the test and go longer. Article link: Article 148 of the the People's Republic of China Civil Code: If one party fraudulently causes the other party to commit a civil legal act against its true will, the defrauded party shall have the right to request the people's court or arbitration institution to revoke it. Article 657 A gift contract is a contract in which the donor gives his property to the donee free of charge, and the donee expresses acceptance of the gift. Article 658 The donor may revoke the gift before the right to the gift property is transferred. Article 661 A gift may be accompanied by an obligation. If the gift is accompanied by obligations, the donee shall perform the obligations in accordance with the agreement. Article 663 If the donee has one of the following circumstances, the donor may revoke the gift: (1) seriously infringe upon the legitimate rights and interests of the donor or the donor's close relatives; the (II) fails to perform the obligation to support the donor; (III) fails to perform the obligations stipulated in the gift contract. The donor's right of revocation shall be exercised within one year from the date on which he knows or should have known the cause of revocation.