How to Deal with the Property Given to Wife as a Gift
How to Deal with the Property Given to Wife as a Gift
If a man and a woman agree, before or during their marriage, that either of them shall give an asset to the other as a gift or an asset shall be held by both the spouses as their community property, such an agreement is valid and binding on them, except that the asset given as a gift is a real asset.
As real asset is a special type of asset and the transfer of the title of a real asset imposes special formal requirements, i.e., title registration. That means, the transfer of the title of a real asset is not valid unless the title transfer has been registered before the competent administrative authorities. In China, such administrative authorities include the housing and land administrative bureaus (or named otherwise).
If a husband agrees to give a house or a certain share of the house to his wife, but they fail to have the title transfer registered before the competent bureaus, such donation is invalid and not binding. If the wife claims performance of the obligation by his husband in a divorce action, such claim will not be sustained as the husband has the right to cancel the gift before registration of title transfer. Actually, a promised transfer without registration of title transfer will be deemed cancelled.
Robert Zhang 
Steve Li 