Can the part of the gift to the children after divorce that is not joint property be revoked?

1.Gifting personal property to children after divorce has nothing to do with your ex.

2.Whether the donated property can be revoked depends on the specific circumstances:

1) Real estate such as money that is not a gift, and the property has been actually handed over to the child, is generally irrevocable.

2) If the gift is real estate, vehicles and other immovable property or quasi-real estate that must be registered: the real estate or vehicle has been actually transferred to the name of the child, and it cannot be revoked under normal circumstances.

If the transfer has not been registered, it can be revoked.

3) Donated property that has been actually delivered or transferred may be revoked under special circumstances. The so-called special circumstances refer to the fact that the children who accept the donated property seriously infringe on the donor or the donor's close relatives.

According to the questions provided, it is not joint property that is given to the children after divorce, and when the property is a fact, no matter how much it is, it cannot be revoked.

First of all, when it comes to the property that is donated, it depends on whether it is giving money? Or after the gift, if you are giving money, then the revocation is up to your own will, but when the property has been gifted, the nature of the property has been transferred, moved to the recipient, at this time this part of the property no longer belongs to you, if you want to take it back, it is almost impossible.

According to the provisions of the Marriage Act, this part of the different property can be revoked. But because of the relationship of family affection. Nor should it be revoked.

It can be revoked, as long as both of you go to the relevant department to approve the materials you gave at the beginning.

There are several possibilities as to whether the part of the property gifted to the children after divorce that is not joint property can be revoked: First, although it is not the joint property of the husband and wife, it is the personal property of the husband and wife, and the gift is still valid, because it is an act of having the right to dispose of it. Second, it is neither joint property nor the personal property of the husband and wife, but belongs to other people's property, which constitutes a disposition without authority, and the third party has the right to demand revocation and restitution.

In addition, although there is a promise to give, as long as there is no actual delivery of the property, it can be directly revoked.

1. Can divorced property be revoked at will after being donated to children?

The husband and wife shall register their divorce at the Civil Affairs Bureau, and upon consultation between the two parties, they will write a divorce agreement on child support and division of joint property and file it with the Civil Affairs Bureau, as an expression of the opinions of both parties on the handling of child support and property issues at the time of divorce. The content of the divorce agreement falls within the scope of the autonomy of the husband and wife, and as long as there is no dispute between the parties and an agreement can be reached, the Civil Affairs Bureau will not interfere with the freedom of agreement between the parties.

When a husband and wife agree to donate joint property to their minor children at the time of divorce, it is an act of donation for the purpose of dissolving the identity relationship between the parties.

Where the marital relationship between the parties is dissolved as a result of the divorce agreement, and other contents of the divorce agreement have been performed, it shall be deemed that the purpose of the gift of property has been achieved, and the act of donation cannot be revoked at will. In the divorce agreement, the agreement between the two parties to donate joint property to minor children and the dissolution of marriage, child support, division of joint property, and joint debt settlement are mutually premised and mutually concluded, and constitute a whole, and if one party is allowed to repent, then the integrity of the divorce agreement will be destroyed.

2. Can I give my property to my children if I sue for divorce?

Since the husband and wife are the parties to the case and the children are outsiders in the divorce proceedings, the joint property of the husband and wife can only be disposed of between the parties in principle, i.e., the husband and wife. Therefore, in divorce proceedings, regardless of mediation or judgment, the property cannot be divided with the children as the main body, but can only be disposed of between the husband and wife.

In judicial practice, if the husband and wife can mediate and settle the matter on child support, child support, property division, etc., or agree on a higher maintenance fee, or agree on a more division of property among the children raising the child, etc., in order to protect the interests of minors to the greatest extent. However, in mediation cases where the husband and wife cannot reach an agreement on mediation, the court will make a judgment in accordance with the law.

OK. But as a guardian, this money should be divided into two, and you parents should save it separately for your daughter, and you can't spend it yourself, otherwise it will constitute an infringement. If it is pursued, it will be supported by the law.

As to whether it can be revoked, I have a different opinion from my friend upstairs on this point. Article 186 of the Contract Law provides that there are two prerequisites for exercising the right of arbitrary revocation, one is that if the donated property has transferred its rights, the donor shall not arbitrarily revoke the gift. The other is that if the gift contract is notarized and certified after it is concluded, the donor shall not arbitrarily revoke it.

The property gift determined in the divorce agreement has been reviewed and confirmed by the Civil Affairs Bureau or the court and has been recorded, and it is also a necessary condition for your divorce (the property must be disposed of, and arrangements must be made for the maintenance of children). Therefore, the property is a gift that cannot be revoked with "notarization" effect. The fact that the child is not an adult and therefore has not been transferred does not affect their rights to that title.

In the case of the gift of divorced property to children, it is possible to apply for revocation according to the actual situation. 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 donor may revoke the gift before the transfer of rights to the donated property.

Legal basis

Article 658 of the Civil Code provides that 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.

Whether the "property gift" in the divorce agreement can be revoked should be analyzed on a case-by-case basis to see whether the specific act is an incidental act or a simple gift in the vast majority of cases, and the parties should be allowed to exercise the right of revocation for a simple gift unless it has been confirmed by a notarization or a judgment of the people's court. The typical ancillary acts have the following circumstances: 1. The at-fault party who leads to the breakdown of the relationship and divorce gives the other party a gift with the nature of compensation or compensation; 2. A compensatory gift paid by one party during the existence of the marriage relationship in raising children, taking care of the elderly, assisting the other party in work, etc., and the other party is given as a result; 3. In the divorce agreement, one party raises minor children or fulfills the main maintenance obligation, and the other party gives a gift with the nature of the maintenance obligation; 4. A compensatory gift to the other party for the majority of the property divided in the division of common property, and thus to the other party for personal property; 5. Gifts in the nature of fulfilling the obligation to help in accordance with Article 42 of the Marriage Law; 6. A gift with a compensatory nature in exchange for the other party's consent to divorce by agreement.

No, since there is no reason to take it back if it is given, it can be used by one's own children all the time, that is the person closest to him, even if he takes it back and finally dies, isn't it all his own children.