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Legal Effect and Revocation of Premarital Gift of a House

Source:Supreme People's Court
Author:First Civil Division of the Supreme People's Court
Release Time:2026-07-21
Article 5 of the Interpretation (II) stipulates that if before or during marriage, the parties agree to transfer the ownership of a house owned by one party to the other or both names, but the ownership has not been transferred at the time of divorce litigation, the court may, upon the party's request, comprehensively consider the duration of marriage, cohabitation and childbearing circumstances, fault in divorce, contribution to the family, and the house's market price at divorce, and award the house to one party and determine whether to provide compensation. If the transfer has been registered but the marriage duration is short and the giving party has no major fault, the court may award the house to the giving party.