This reference text is formulated on the basis of the applicable background, judicial reasoning and practical disputes concerning the judicial interpretations on real estate gifts between spouses. It focuses on resolving the judicial uncertainties arising from Article 5 of Judicial Interpretation (II).
It helps parties to a marriage clearly understand the legal boundaries and risks involved in marital real estate donation, name addition and property transfer, strengthens the effectiveness of party autonomy in marital property agreements, and enhances the predictability and stability of real estate disposal acts.
Meanwhile, it reduces the occurrence probability and litigation risks of real estate division disputes upon divorce, and delivers positive and important practical guiding significance for the protection of personal rights and interests as well as family property planning.
No liability shall be assumed by the drafter, issuer and relevant participants of this template for any direct or indirect consequences incurred by any party arising from the use of this document.