2021 Civil Code, can I get it back after divorce after marital transfer?

A: I can't ask for it back. Interpretation:

Marital transfers are gifts of property. "Gift" is an act in which the donor gives his property to the donee free of charge, and the donee expresses his acceptance. The essence of such an act is the transfer of ownership of property.

The act of gift is generally completed through legal procedures, that is, the signing of a gift contract (there are also oral contracts and other forms). In legal terms, this kind of contract is called a contract of promise, and as the name suggests, it can be "established" as long as it is "promised". Based on the promise of the contract, the property that the donor did not actually acquire at the time of the expression of intent but could acquire it in the future may also become the "subject matter" of the gift contract.

Gift, which does not require the payment of interest or the repayment of principal, is a unilateral transfer of the "subject matter". Comprehensive suggestion: transfer within marriage, it is not recommended to return after divorce, and the possibility of returning is small.

At the time of divorce, the property donated is not the joint property of the husband and wife, but is a gift from one party to the other, and the property belonging to one of the spouses at the time of divorce is not divided. After the marital gift is made by the husband and wife, the property donated by the other party is owned by the other party to whom it is donated, and it is currently unilateral personal property and does not need to be divided in the event of divorce. Legal basis:

Article 1062 of the Civil Code stipulates that the following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Article 1063 of the Civil Code provides that the following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

It is possible to request the division of half of the marital property that belongs to you. Article 1066 of the Civil Code: In any of the following circumstances during the existence of a marital relationship, one of the husband and wife may request the people's court to divide the joint property: (1) one party has acts that seriously harm the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or forging the joint debts of the husband and wife; (2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

Article 1092 of the Civil Code: Where one of the husband and wife 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, when the joint property of the husband and wife is divided in divorce, the other party may be divided less or no share. 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.