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At the time of divorce, the husband and wife agree to transfer the real estate to the name of the children, which is an agreement between the two parties and has legal effect. Reversal of property rights can only occur if it is invalid under the law or if there is a statutory revocation situation.
The invalid circumstances stipulated by law generally include:
1) One party concludes a contract by means of fraud or coercion, harming the interests of the state;
2) Malicious collusion, harming the interests of the state, the collective, or a third party;
3) Concealing illegal purposes in a lawful form;
4) Harming the public interest;
5) Violating mandatory provisions of laws and administrative regulations.
The main circumstances that can be revoked are:
1) It was concluded due to a major misunderstanding;
2) It is obviously unfair at the time of the conclusion of the contract.
A contract entered into by one party by means of fraud, coercion or taking advantage of the danger of another party to make the other party enter into a contract contrary to its true intentions.
The right of revocation must be exercised within one year from the date on which the grounds for revocation were known or ought to have been known.
In addition to the above, it is not possible to transfer the property that has been transferred to the child's name to one's own name, even if the husband and wife agree to do so.
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Divorce of both parties. Disposal of property if.
There is no misunderstanding, obvious unfairness, etc.
Generally protected by law or.
Legally binding.
You have the right to sue.
But the odds are unlikely.
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Suing for divorce is generally not owned by the child, that is, the divorce property division has nothing to do with the child. If the house belongs to the joint property of the husband and wife, the husband and wife shall negotiate with each other on their own, and if the negotiation fails, the court shall make a judgment on the principle of taking care of the rights and interests of the children, the woman and the innocent party. The house belongs to the individual, and the envy belongs to the individual.
[Legal basis].
Article 1087 of the Civil Code provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If an agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the children and the woman and destroying the rights and interests of the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Legal analysis: The house is immovable property, and if it is registered in the name of the child, the child is the owner of the immovable property.
Legal basis: "Civil Code of the People's Republic of China" Article 35: Guardians shall perform guardianship duties, protect the ward's person, property, and other lawful rights and interests, and must not dispose of the ward's property except for the ward's interests.
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Code of the Civil Code of the People's Republic of China
Article 1092.
Where one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the other party may receive a small or no share of the joint property of the husband and wife when the joint property of the husband and wife is divided in the divorce. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.
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No remorse.
If the parents agree in the divorce agreement to donate real estate to their minor children, it is inseparable from the dissolution of the marriage relationship, and there is also an intention to give the children a certain amount of material compensation and ensure a good living environment for the children, which is conducive to the healthy growth of the minors, and is a gift in the nature of moral obligations, and should be found to be an irrevocable gift contract.
Article 658 of the Civil Code stipulates 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 may not be revoked in accordance with law and have public welfare or moral obligations such as disaster relief, poverty alleviation, and assistance to the disabled.
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According to Article 9 of Interpretation (II) of the Marriage Law, if a man and a woman repent on the issue of property division within one year after the divorce by mutual agreement, and request to change or revoke the property division agreement, the court shall accept it. If, after trial, the court does not discover that there were circumstances such as friction, fraud, or coercion when entering into a blind negotiation of a property division agreement, the litigation claims of the parties shall be rejected in accordance with law.
Therefore, the divorce agreement can be reversed, but it must be submitted to the court within one year after the divorce, but at the same time, it must meet the conditions of fraud and coercion at the time of entering into the agreement, so that Kuling can be supported by the court in accordance with the law.
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Theoretically, it doesn't make sense, but emotionally it's okay, but then again, is it conscious? You want to get the house back in the name of giving it to the children, and even if you want to come back, don't you still have to leave it to your children, but it's still theirs, isn't it?
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