Traditional Culture Encyclopedia - Traditional customs - Marriage crisis gift of the house how to deal with
Marriage crisis gift of the house how to deal with
Legal analysis: First, the gift is a gratuitous legal act, the legal consequences are different from the paid transfer behavior. Second, the gift after the change of property rights registration of the tax and inheritance after the change of the standard is different, should be handled before to the Housing Authority, the local tax bureau and other relevant departments to fully consult. Third, the general act of gift, the donor in the gift of property before the transfer of rights can be revoked, but after the notarized gift contract except, that is to say, after the notarized gift act generally can not be revoked. Unless the following circumstances: (a) a serious violation of the grantor or the grantor's close relatives; (b) the grantor has a support obligation and does not fulfill; (c) does not fulfill the obligations agreed upon in the gift contract.
Legal basis: the Chinese People's **** and National Code
Article 1,062 The following property acquired by a husband and wife during their marriage shall be the ******* property of the husband and wife and shall be owned by the husband and wife ******* together:
(1) Wages, bonuses, and remuneration for services rendered;
(2) Proceeds from production, operation, and investment;
(3) Proceeds from intellectual property rights;
(4) Proceeds from the sale of goods and services; and (5) Proceeds from the sale of goods and services. >(c) Proceeds from intellectual property rights;
(d) Inherited or gifted property, except as provided for in the third subparagraph of Article 103 of this Law;
(e) Other property that should be owned by the ****s together.
Husbands and wives have equal rights to dispose of the property of the ****together.
Article 1,063 The following property shall be the personal property of one of the spouses:
(1) the pre-marital property of one of the spouses;
(2) compensation or indemnification received by one of the spouses for personal injuries;
(3) property determined in a will or gift contract to belong to one of the spouses only;
(4) articles of daily life for the exclusive use of one of the spouses;
(v) other property that should go to one party.
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