What to do if one party regrets after the divorce agreement stipulates that the property belongs to

The divorce agreement stipulates that the ownership of the children of the joint property of the husband and wife is a gift for the purpose of dissolving the identity relationship between the parties, and the divorce agreement is mainly set up for the purpose of dissolving the marriage relationship between the parties. This kind of purposeful gift that occurs between the parties to a specific status relationship is different from the gift between ordinary civil subjects, and this kind of gift superficially reflects the "gratuitous" nature of the gift, but in fact it is often closely linked to the parents' obligation to support their children and other ancillary obligations, and has a certain moral obligatory nature, and is also a promise agreement. In the case that the marital relationship between the defendant and the third party is in fact dissolved due to the divorce agreement, and the other contents of the divorce agreement have been performed, it shall be deemed that the purpose of donating property has been achieved, so such an act of donating real estate cannot be revoked at will in accordance with law.

Article 19 of the Marriage Law stipulates that husband and wife may agree that all property during the existence of the marital relationship and property before marriage shall be owned separately, jointly or partly separately or partly jointly, and the agreement shall be in writing. However, if a man and a woman donate the property jointly owned by the husband and wife to their children at the time of divorce, the nature of which is not substantially different from the gift of property by one party to the other party before marriage, and the expression of intention is made clear in the form of a divorce agreement, which reflects the true intention of both parties.

The agreement can be changed or revoked.

Legal Analysis:1The divorce agreement stipulates that the house is owned by the children, and it is generally not possible to renege.

2.If the original owner of the house repents, or the house has been registered for transfer, the repudiation cannot be effective; However, if the house has not been registered for transfer with the consent of both parties, it can be effectively reversed.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' voluntary expression of intent to divorce and their consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court shall, on the basis of the specific circumstances of the property, make a judgment in accordance with the principle of taking care of the rights of the children, the woman, and 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.

1. Guess, you are the father? 2. The agreement in the divorce agreement is binding on both parents: if the wife does not agree to give the house to the children, the husband can sue the wife in the court with the divorce agreement and request the wife to assist in the procedures for transferring the property to the child's name.

3. Before the transfer of the property to the child's name: the child does not legally own the property right to the property, and has no right to decide that the property will be handed over to the father. 4. After the property is transferred to the child's name:

1) If the child is still a minor, the child's "willingness" to "agree to hand over the house to the father" is invalid: how to dispose of the property should still be decided by the father and mother. (2) After the child reaches the age of 18:

The child's "willingness" is valid, and the father has the right to dispose of the property if the property is in the child's name and the child agrees to be handled by the father. (3) The reason is that the minor's expression of intent does not have specific legal effect.

Although the age of 17 is a person with limited capacity, the disposal of real estate is a major event, and according to the provisions of the General Principles of the Civil Law and relevant judicial interpretations, the disposal of real estate should not be an activity suitable for age and intelligence, and "the child's willingness" may be found to be invalid. (4) If the child has reached the age of 17 and has participated in the work and can maintain the general standard of living with his or her own labor income: the child can be regarded as a person with full capacity for civil conduct, and the child's "willingness" is valid

As long as the property is transferred to the child's name, the father has the right to deal with it if the child wishes. 5. At present, if the house has not been transferred to the child's name, if the child is still in school: even if the child is "willing", as long as the mother does not agree, the father is indeed okay.

6. Suggestions: (1) Hurry up and ask the child's mother to assist in transferring the property to the child's name, and the father will have the right to deal with it according to the child's wishes after the child reaches 18 weeks. (2) If you are a father, please consider the interests of your children when disposing of the house.

After signing the agreement, the other party can sue for repentance.

Once the agreement has been signed, it cannot be reversed.

1. If you have gone through the divorce registration procedures, then the divorce agreement has legal effect, and both of you need to perform it in accordance with the divorce agreement.

2. For one party's repudiation, the other party has the right to require the other party to perform in accordance with the agreement.

3. If the repudiating party refuses to perform, the non-abiding party may file a lawsuit with the court, and the court will confirm the validity of the divorce agreement.

4. After the court confirms the validity of the divorce agreement, if the repentant party still refuses to perform, the non-abiding party may apply to the court for enforcement.

The divorce agreement is valid and neither party can renege on it.

For the act of donation, the gift cannot be revoked for legitimate reasons.

After the divorce, one party can repent of the divorce agreement and file a lawsuit in the court within one year after the divorce

Article 8: The clauses on the division of property in the divorce agreement or the agreement reached by the parties on the division of property as a result of the divorce are legally binding on both men and women.

Where a dispute arises between the parties arising from the performance of the above-mentioned property division agreement, the people's court shall accept it.

Article 9: Where both men and women reverse their feelings on the issue of property division within one year of divorce by mutual agreement, and request that the property division agreement be modified or revoked, the people's court shall accept it.

Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.