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Discussion on the practical problems of property division between marriage and the gift of real estate

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DOI: 10.25236/iemetc.2022.002


Yuxuan Wang

Corresponding Author

Yuxuan Wang


When the two parties in a marriage divorce, it is inevitable to deal with the division of property. The reason for the divorce between the two parties is obviously that the relationship has broken down, so in most cases, they have a positive claim to property. However, the reality is often complicated. Litigation under the condition that both parties cannot negotiate amicably will involve the division of divorce property in civil legal issues. The issue of the gift of real estate is also a complex issue, especially in the context of marriage, the nature of which is more difficult to discern. It is stipulated in the Chinese Civil Code that if the real estate is not actually transferred, the donor can request the cancellation of the gift, so whether the previous agreement on real estate and property still have practical significance, it is worth studying in detail to solve the problems in real life . This paper focuses on the discussion of the actual problems of property division and real estate gift between marriages in China, and combines the laws of the United States and the United Kingdom to conduct research on international related issues.


civil law, marriage law, property division, gift of property, Anglo-American law, Chinese law