May Spouse Give Away Property Without Consent? – Law In A Minute

The Quadrangle Quandary: A Tale of Opera, Intrigue, and Real Estate

Once upon a time, in the heart of Beijing, there lived a couple, Jackson and Jill, whose love had blossomed for over a decade. Jackson, at the spry age of 40 and holding the illustrious title of Vice President of Beijing Jack Film Limited, shared with Jill an undying passion for the grandeur of Beijing Opera, especially for the legendary Mei Lanfang. Their hearts beat in unison for the art, as if they had been characters plucked from a lyrical opera themselves.

In celebration of their tin (10th) anniversary, Jackson, ever the romantic, presented Jill with a gift that was both a tribute to their love and their shared adoration for the opera—a charming quadrangle residence nestled in the historic XiCheng district, a stone’s throw from the Forbidden City. This wasn’t just any quadrangle; it was a ticket to endless nights at the Mei Opera House serenaded by the legacy of Master Mei, a venue just around the corner in the winding Hutong.

However, the plot thickened when Jackson ascended to the role of CEO after his father’s curtain call from this world. With great power came great responsibility and, apparently, a new secretary. Enter Angelina, a fresh-faced beauty from the Beijing Film Academy, who caught Jackson’s eye after a casting call that lasted a week.

Jill’s sixth sense tingled upon hearing whispers of a “business trip” to the Fiji Islands—one that suspiciously included accommodations more suited to a honeymoon than a meeting. The pieces clicked into place when she unearthed the truth about Angelina. The fury of a scorned superfan of Beijing Opera is not to be underestimated.

In a silent act of rebellion, Jill, without so much as a dramatic monologue, transferred her RMB 200 million quadrangle to her sister, leaving Jackson none the wiser until he returned from his island escapade.

“What sorcery has befallen our quadrangle?” Jackson roared, his face a perfect mask of tragic betrayal.

Jill, draped in righteous indignation, countered, “Was the maiden fair worth the gamble? Behold, the price of folly.”

Threats of divorce and division of assets ensued, but Jill stood firm—after all, if he divorced her, she’d still walk away with half his kingdom, and the quadrangle? Well, that ship had sailed to her sister’s harbor.

Now, to the crux of the matter: Is Jill’s spontaneous gifting of the quadrangle as lawful as the emperor’s decree? The legal stage for property transfer is fraught with complexities. While gifting property is generally legal, doing so out of spite without the other owner’s consent (in the case of jointly owned property) or without proper transfer procedures can lead to a drama worthy of the Beijing Opera itself. In the eyes of the law, Jill’s impromptu property transfer might face more scrutiny than an opera critic’s sharp pen.

 

Law In A Minute

No, Jill does not possess the authority to unilaterally gift the quadrangle without Jackson’s approval.

The quadrangle, having been acquired subsequent to their nuptials, is regarded under the Chinese Marriage Law as jointly owned marital property, with Jackson and Jill as co-owners. The disposition of such an asset mandates mutual consent from both parties, in line with the principle that a married couple constitutes a single unit in legal terms. Jill’s act of gifting the quadrangle can be seen as an infringement on their shared property rights. In the absence of any pre-existing arrangement between the spouses sanctioning such action, Jill’s decision contravenes the stipulations of Chinese Marriage Law and is considered legally invalid.

Jackson is entitled to challenge the validity of the gift by pursuing legal action against both the giver (Jill) and the recipient. It is expected that the court would invalidate the donation agreement, restoring the property to its rightful status as a jointly owned asset.

 

Legal Basis
Civil Code
Article 1062

During the existence of the marriage, the following property acquired by the spouses shall be considered joint property and owned by both spouses together:

  1. Wages, bonuses, and remuneration for services;
  2. Income from production, business operations, and investments;
  3. Income from intellectual property rights;
  4. Property acquired through inheritance or as gifts, except as provided for in Item 3 of Article 1063 of this law;
  5. Other property that should be jointly owned.

Spouses have equal rights to manage and dispose of the joint property.

Interpretation No. I of the Supreme People’s Court on Several Issues in the Application of Marriage Law of the People’s Republic of China

Article 17 of the Marriage Law, which provides that “both husband and wife shall have equal rights in the disposal of jointly owned property”, shall be understood as follows:

(1) The husband and wife have equal right to dispose of their jointly owned property. If it is necessary to dispose of their jointly owned property for daily necessities, both the husband and wife shall have the right to make decisions; and

(2) When the husband or wife needs to make an important decision to dispose of their jointly owned property due to daily necessities, both husband and wife shall discuss the matter on an equal basis so as to reach an agreement. Where others have reasons to believe any common genuine expressions of both husband and wife, the other party shall not challenge any bona fide third party on the ground that he (she) does not agree or does not know.

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