Can a property gifted to a child be given back to a parent?

Updated on society 2024-03-09
13 answers
  1. Anonymous users2024-02-06

    Of course, the gift represents a gratuitous opportunity, as long as the other party does not refuse, then of course you can send it at will. As long as it is irresponsible and other conditions, then the giving and voluntary acceptance of such resources, which is completely wrong, is very free or equal.

  2. Anonymous users2024-02-05

    Hello, since the property given to you by your parents belongs to your personal property, you have the right to dispose of it, and it is okay to give it to anyone, let alone give it back to your parents. Therefore, you are entitled to give the property back to your parents.

  3. Anonymous users2024-02-04

    OK. It is permissible for the children to give back the property that the parents have given to their children. However, under such conditions, the consent of both children must be used to sign the gift together, preferably notarized by the present certification authority.

  4. Anonymous users2024-02-03

    Yes, as long as the children agree, it is completely possible to give it back to the parents, which is the same.

  5. Anonymous users2024-02-02

    After the property is donated to the children, the ownership of the property is the child, and if the child gives the property back to the parents, it is another event and has nothing to do with the previous gift relationship.

  6. Anonymous users2024-02-01

    Yes, the child has complete discretion or does not accept it Find a notary public to solve it, you consult a lawyer! It's clear what to do.

  7. Anonymous users2024-01-31

    Parents donate to their children, and after the registration of the donated property has been changed by the property, if the children want to donate to their parents, it is allowed by law, but they need to pay the corresponding taxes and fees both times.

  8. Anonymous users2024-01-30

    Absolutely! It's not easy to raise your parents! As long as there are conditions, it is more appropriate to give it back to parents!

  9. Anonymous users2024-01-29

    Surely, he can fight for it for you, and of course you can give it to her.

  10. Anonymous users2024-01-28

    Children can gift property to their parents. According to the relevant provisions, 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. As the owner of the property, the child has the right to donate the property to anyone, as long as the property transfer and other formalities are completed in accordance with the law.

    Where donated property needs to go through formalities such as registration in accordance with law, the relevant formalities shall be completed. The donor may revoke the gift before the transfer of rights to the donated property. However, notarized gift contracts or gift contracts with public welfare or moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled that cannot be revoked in accordance with law cannot be revoked.

    First of all, the donor and the donee must sign a written contract for the gift of the house, which is what we call the gift letter. And according to our country correspondinglyLaws and RegulationsThere are clear provisions that the house gift must be signed in writing, and the parties to the house gift must pay the corresponding taxes and fees with the house ownership certificate, gift contract and other related materials, and after doing this, the corresponding notarization shall be handled in the relevant institutions. This is a must, because the notarization of the house must be followedLaws and RegulationsWhat are the latest regulations on the transfer of a child's house to the parents?

    1. According to the gift of house property rights to handle the transfer of house property rights, the children and husband and wife should bring the "ID card", "household registration booklet", "house ownership certificate" and "paternity certificate", and the parents should bring the "ID card", "household registration booklet" and "marriage certificate" to the notary office to handle the notarization of the "house property right gift contract", and then go to the local housing property right registration department to handle the house property rights transfer procedures;

    2. To handle the transfer according to the house sale, the children and the husband and wife should bring the "ID card", "household registration booklet", "certificate" and "house ownership certificate" and the parents bring the "ID card", "household registration booklet" and "marriage certificate" to the local housing property registration department to go through the housing property rights transaction transfer procedures, and transfer the house property rights to the parents' names.

    Legal basis

    Civil Code of the People's Republic of China

    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 his acceptance of the gift.

    Article 658:The donor may revoke the gift before the transfer of the right to the donated property. The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts that have the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.

  11. Anonymous users2024-01-27

    The property gifted to the child by the parents after marriage is the personal property of the child according to the law. Because at this time, it is clearly designated by the parents and given to their children, so it is personal property, and if there is no such thing as a gift, then it is the joint property of the husband and wife. However, for the sake of unnecessary disputes, it is better to give it to your children before marriage, so that the house can be in the name of your children.

    In fact, many parents have worked hard all their lives to buy the corresponding real estate, just to give the house to their children, so that the burden on their children is lighter. However, at this time, the partner of the children will think that the house given after the marriage belongs to the joint property of the husband and wife, so they will fight the idea of this house. This is an illegal act, because the state has corresponding laws and regulations on the act of giving a house to a parent, and if it is explicitly designated as a gift to a certain person, then the house is in the name of a certain person.

    Even after the divorce of the parties, the house will still be in the name of the children and will not be divided with the other party. <>

    Moreover, the occurrence of such a situation can also prove that everyone still does not know much about the "Marriage Law". According to Article 17 of the Marriage Law, it can be understood that during the existence of the relationship between husband and wife, the property in the name of the two persons shall be jointly owned by the husband and wife, that is, the salary, bonuses or savings and other welfare policy income of the two persons, as well as subsidies and so on. Therefore, even if two people have a conflict or go to divorce, then the house is not allowed to be divided, because the house is a real estate purchased by one parent for the child.

    Therefore, the property registration is carried blindly in the name of his children, and no matter who he is, he cannot take away the children's house. <>

    Therefore, everyone must have a corresponding understanding of this kind of law, and only in this way can they well protect their legitimate rights and interests. If you don't know much about it, you should also search for the corresponding knowledge on the Internet, and you can also find the corresponding lawyer to intervene. However, it is controversial for parents to donate houses to their children after marriage, so this specific situation should be discussed according to the corresponding events.

    If the parents only make a down payment and need to repay the loan by their children, then it is easy to cause corresponding conflicts at this time, and there will be certain problems with the property rights of the house.

  12. Anonymous users2024-01-26

    Of course, the property of the parents can be gifted to the children.

    In fact, the parents' house to their children can not only be gifted, but also inherited and sold, not to say that the gift must be the easiest and most cost-effective.

    If the parents' house is the only one, and the children are likely to buy the house in the future, then it is actually the most cost-effective way to buy and sell. You only need to pay the deed tax, and the tax rate is 1%-3%.

    If the parents' house is less than 2 years old, scattered and the children will not ** this house in the future, they can be gifted, and they only need to pay the deed tax, but the deed tax is fixed at 3%, and the stove wheel will be higher than the way of buying and selling.

    If you want to transfer the property by inheritance, you need to wait until the death of your parents, and you do not need to pay taxes for the inheritance transfer, but there will be a fairness fee involved.

  13. Anonymous users2024-01-25

    After the parents give the property to the children before the divorce, the children are not filial and can take back the property through the court. The house gifted by the parents to the child can be repossessed, but there are preconditions, if the parents buy the house for the child, the right of revocation can be repossessed before the registration of the change of the property. You can go to the notary office and get the property you have given to your son back.

    It's a hassle, but you can still want to come back. If the donee has any of the following circumstances, the donor may revoke the gift:

    1. Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives;

    2. Failure to perform the obligation to support the donor;

    3. Failure to perform the obligations agreed in the gift contract. The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reasons for revocation.

    Civil Code of the People's Republic of China

    Article 658:The donor may revoke the gift before the transfer of the right to the donated property. The provisions of the preceding paragraph do not apply to gift contracts that have been notarized in accordance with the law or gift contracts that have the nature of public welfare or moral obligations such as disaster relief, poverty alleviation, and disability assistance, which cannot be revoked in accordance with law.

Related questions
6 answers2024-03-09

During the marriage, if the husband and wife sign a written agreement stipulating that the house owned by the individual before marriage registered in the name of one party is jointly owned by the husband and wife, it belongs to the marital property agreement of the husband and wife as provided for in the first paragraph of Article 19 of the Marriage Law of the People's Republic of China, and is binding on both husband and wife, and does not affect its validity because of whether or not the registration of the change of ownership of the house is handled. Article 19 of the Marriage Law of the People's Republic of China stipulates that husband and wife may agree that property acquired during the marriage relationship and property before marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. >>>More

14 answers2024-03-09

1. Unless it is to prove unjust enrichment, and the facts are difficult to prove. 2. Or think that it is a private loan, but if there is no evidence, it is difficult to get it back. 3. If there is evidence that the child is not filial, and the parents are now living in extreme difficulty, they can request to revoke the gift. >>>More

9 answers2024-03-09

If the property transferred by the parents to the children is transferred by way of sale and the property ownership certificate in the name of the child, the property right of the house is transferred, and it is the property legally owned by the child, and the parents cannot recover the property right of the house. >>>More

7 answers2024-03-09

There are two legal avenues:

A: The first step is to ask the public security organ to issue a certificate to prove the cause. >>>More

6 answers2024-03-09

Distinguished guests, relatives and friends, Today is the day of great joy for my son (daughter) and XX to tie the knot, and your presence is the most beautiful and sweet blessing for the bride and groom, and it is also the most precious and sincere friendship that you give us. Here, on behalf of both parents, I would like to extend a warm welcome and heartfelt thanks to all of you for coming! >>>More