Case Review
The man was elderly while the woman was young and attractive. To show his sincerity, the man notarized a gift of his personal property to the woman exclusively before marriage, and completed the real estate transfer registration on their wedding day.
Less than one month after marriage, the couple separated due to conflicts. Half a year later, the woman filed for divorce.
During the litigation, the man agreed to divorce but requested the return of the property. He argued that the gift was made on the premise of long-term and stable marital life, and since such purpose could no longer be fulfilled, the woman should return the house.
The woman firmly refused. She claimed that this was merely an ordinary gift which had already been fully delivered with no statutory grounds for revocation. Therefore, she refused to return the property. She further maintained that the house was gifted solely to her personal property, not marital joint property, and was unwilling to make any compensation to the man.
Lawyer’s Insight
This case was highly challenging. The man had explicitly stated in writing that the property was gifted solely to the woman, and the gift had been confirmed by the notary public authority and the real estate administration department. Meanwhile, there were no statutory grounds for revoking the gift, making it extremely difficult for the man to recover the property. Yet greater difficulty means greater challenge.
There was a large age gap between the couple, they had known each other for a short time, and lived together for barely any period. It would be profoundly unfair to the man if the woman were entitled to keep the property entirely.
During the representation, Wumei Lawyers thoroughly analyzed the case and focused on two core arguments to strive for maximum rights for the client:
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The property constitutes betrothal gift. Although the gift agreement was signed before marriage, the property transfer registration was completed on the wedding day merely for tax planning purposes. The man’s gift of the property to the woman was premised on establishing a long-term and stable marital relationship, and thus the property shall be deemed betrothal gift.
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On the obligation to return the betrothal gift. Betrothal gifts are given for the purpose of establishing a stable marriage. In this case, the couple registered for marriage shortly after acquaintance, and their marital cohabitation lasted merely one month. A stable marital and family bond had not yet been formed. Since the man’s purpose of giving such substantial betrothal gift was unfulfilled, the betrothal gift given for marriage shall be returned to him.
Court Judgment
After trial and review, the court upheld the man’s claims. The court held that the man gifted the property to the woman for the purpose of establishing a marital relationship and living together for the long term. Although the property transfer registration had been completed, the couple failed to maintain stable cohabitation after marriage, meaning the man’s original purpose of the gift was unfulfilled.
It would be grossly unfair for the woman to obtain such enormous property interests. Accordingly, the court ruled that the property shall be owned by the man, who shall make appropriate compensation to the woman.
（ Court judgment）