Can the house donated by Ningbo be revoked before the transfer of ownership?

The parents promised to give a house to their children, or one of the husband and wife promised to give the house under their name to the other party, but they repented before the transfer of ownership, can they cancel it? The rules of real estate donation are completely different before and after the "transfer of ownership.

Basic rules for 1. gift contracts

A gift is a contract in which the donor gives his property to the donee free of charge, and the donee expresses acceptance. As real estate, the change of rights of real estate is subject to registration, which is the core of dealing with "whether it can be revoked.

Oral gifts are also established.

The gift contract does not necessarily have to be in writing, but it involves a large subject matter such as real estate, and the written or actual performance is more proof of the meaning of the gift. If there is only an oral promise and no performance, it is difficult to prove the case in dispute.

2. real estate subject to registration

in the housing gift, the change of property rights occurs only after the registration of the change of property rights is completed. Prior to the transfer, the property rights remain in the name of the donor, and the recipient enjoys only the expectation in the sense of the claim and has not yet acquired ownership.

1. If you don't transfer the ownership, you don't get it.

Even if the gift agreement is signed or even the key is handed in, as long as the property right registration is not done, the donee has not legally obtained the house. This is also the basis on which the giver can be revoked before the transfer.

2. Turnkey, live in is not equal to ownership

actual delivery, occupancy, decoration, payment of property fees, these are only the facts of possession and use, do not produce the effect of changes in property rights. The ownership of real estate is transferred from the time it is registered in the real estate register, so the most important thing for the recipient to do is not to move in, but to agree on the transfer time limit as soon as possible and state the liability for breach of contract in the agreement, so as to minimize the uncertain time window.

3. Arbitrary Right of Revocation

the donor can revoke the gift before the transfer of the gift property rights, which is the right of arbitrary revocation. For untransferred real estate, the donor can usually repent before registration, except for notarization or gifts of a nature such as disaster relief and poverty alleviation.

After notarization, it cannot be withdrawn casually.

If the gift contract is notarized, or if it is a gift with the nature of public welfare moral obligations such as disaster relief, poverty alleviation and assistance to the disabled, the donor shall not enjoy the right of arbitrary revocation and shall be performed in accordance with the contract.

4. marital property gift special place

if one of the married parties gives his or her personal real estate to his or her spouse and fails to register the transfer, the donator may exercise the cancellation in case of divorce, etc. This is the same as the rule of adding names to the premarital room-only when registration is completed can it be stable.

Giving between husband and wife also follow the same rules

if the husband and wife give the property owned by one party to the other party, the donor may, in principle, be revoked before the transfer registration is completed. If you want to be safe, there are only two ways: to change the real estate registration as soon as possible, or to notarize the gift. Only in the divorce agreement to state that the house belongs to the other party, belongs to the property treatment at the time of divorce, does not apply the right of arbitrary revocation, but the effect is stronger.

In the 5. three cases, the gift cannot be withdrawn.

The first is that the real estate registration has been completed. The real right shall be subject to registration. Once the transfer of ownership is completed, the gift will be fulfilled. The donor can no longer exercise the right of arbitrary cancellation. It can only be revoked under the three types of statutory circumstances that the donee seriously infringes on the legitimate rights and interests of the donor and his close relatives, and has the obligation to support the donor and fails to perform the obligations stipulated in the gift contract, and must be raised within one year from the date of knowing the cause.

The second is that the gift has been notarized. Notarization gives greater certainty to the contract of gift, and the gift may not be arbitrarily revoked even if it has not yet been transferred. The third type is gifts that have the nature of social welfare or moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled, which also excludes the right of arbitrary revocation. In addition to the general gift, the donor can repent at any time before the transfer of rights.

6. case proof

in practice, parents and their children signed a written agreement to donate a set of their own property to their children but have not transferred the ownership. Two years later, the parents exercised the right of arbitrary cancellation due to the deterioration of the relationship. The court supported the cancellation. Although the children had actually lived and spent about 120000 yuan on the decoration, they could only claim the return of the actual investment and failed to obtain the ownership of the house.

In practice, the husband and wife signed a real estate gift agreement and notarized it during their marriage. After that, the donor went back on his word and refused to cooperate with the transfer. The recipient requested to continue to perform with the notarized gift contract to obtain support. The court ordered him to assist in handling the real estate registration change within 30 days after the judgment came into effect, and pay the delayed performance payment on a daily basis within the time limit.

7. Risk Alert

• I thought the house was my own after signing the gift agreement.
• Long-term non-transfer, the giver can withdraw at any time.
• Do not understand the notarized gift can not be arbitrarily revoked.
• Marital gifts are not transferred and are withdrawn before divorce.
• The oral gift was undocumented and the claim was lost.

8. FAQ

can the donated house be revoked without transfer?

Generally can. Real estate shall be subject to registration, and the donor before the transfer may exercise the right of arbitrary revocation.

What gift cannot be revoked?

Donations that have been notarized or have the nature of public welfare moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled shall not be arbitrarily revoked.

What about giving the house to your spouse during the marriage?

In the same way as adding a name, the donor can usually be revoked before registration, and the registration is completed.

Does a verbal promise of a gift count?

The contract can be established but the proof is difficult, large real estate is best written and transferred or notarized as soon as possible.

The gift contract has been signed but has not been transferred. How long must it be handled?

The law does not have a uniform time limit, so it must be agreed in the contract. It is recommended to specify that it will assist in registration within 30 or 60 days from the date of signing, and agree on the overdue liquidated damages. If there is no agreed period, the donor can be revoked at any time before the transfer, and the recipient is in a very disadvantageous position.

The recipient has already decorated, can the donor cancel it?

General gifts can still be revoked before the transfer, decoration does not hinder the right of revocation. However, the donee may claim the return of the necessary expenses incurred on the basis of trust, such as the actual loss of decoration, taxes, etc., and shall provide the contract and payment vouchers, and the scope of the return shall be limited to the actual expenses.

Practical Experience of 9. Lawyers

the house has not yet been transferred, and the giver has much more room to maneuver-this is the most practical rule in real estate gifts. Changes in real estate rights are subject to registration, ownership is still in the name of the donor before the transfer, and the recipient only has an expectation of acquiring the house in the future, so the donor can usually be revoked. However, it should be noted that the actions of delivering keys, moving in and decorating do not mean acquiring ownership. Don't think that you will be stable if you live in it. The most important thing for the donee who decides to accept is to advance the transfer of ownership as soon as possible, rather than staying on verbal promises.

There are also several situations that cannot be revoked and need to be identified in advance: notarized gift contracts, or gifts with public welfare and moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled that cannot be revoked according to law, generally cannot be revoked arbitrarily. In addition, specific to the situation where one party in the marriage promises to give his or her name to his or her spouse, it is also necessary to judge in combination with the marriage relationship, and the general donation rules cannot be simply applied. Therefore, whether to sign or not to notarize or write or not to write directly changes whether we can go back on our word in the future. Both parties should think clearly about this point at the time of the gift, instead of saying it at the end of the day.

From a practical point of view, the party who wants to give the gift to the real one should form a written agreement and register it as soon as possible, and if necessary, strengthen the binding force through notarization. If you are worried about the other party's reneging, you can agree on the liability for breach of contract and the time limit for transfer in the agreement. Conversely, if the donor has not yet transferred the ownership and really wants to take it back, it should make it clear as soon as possible to avoid continuing to make acts that give the donee reasonable trust, such as long-term cooperation with the formalities. In the negotiation, the recipient can use "notarization plus time limit transfer" in exchange for certainty, the donor can use "attached obligations" and other ways to retain a certain control, the ownership and conditions together, than after the dispute is more convenient.