Telephone
02-77093611
Line
@fdlaw
address
17th Floor, No. 180, Section 2, Dunhua South Road, Da'an District, Taipei City
Shop gifted to Chao Chien-ming! Divorce settlement doesn't involve property division; Chen Hsin-yu urges the public not to make the same mistake – FTV News | Reporters Tang Shih-ching and Li Chi
News link:https://youtu.be/m-xji2cM-4A?si=gEjfujUbGjfzakUp
Taipei reports that Chen Hsin-yu, daughter of former President Chen Shui-bian, has revealed that her 25-year marriage with Chao Chien-ming has come to an end! Chen Hsin-yu made her second revelation, stating that she gifted Chao Chien-ming her clinic premises but took on a NT$60 million mortgage on her own, warning others not to make the same mistake. Although many netizens rallied behind her, demanding that her "scumbag husband" repay the money, lawyers analyzed that Chen Hsin-yu's desire to divide the premises might not be legally sound.
Attorney Xu Wanwei from Fidelity Law Firm stated that...Right to claim distribution of remaining propertyThe baseline date for divorce is the moment of the divorce. Property acquired by either party since the start of the marriage is, in principle, split equally. If there were gifts between the spouses during the marriage, it is advisable to assess and treat them as gifts with encumbrances, which may reduce future disputes. If other issues arise...Risks of pre-divorce property transfer and divestmentThe determination should be made based on the timing, purpose, and cash flow of the asset transfer. This can also be considered when dealing with properties, mortgages, and other assets.High-net-worth divorces and complex property divisionsTo distinguish between different sources of property, please learn more.Gifts from parents, inheritance, and premarital property.
Family Law Zone:https://fdlaw.com.tw/familylaw/
Fuda Law Firm
Line：https://line.me/ti/p/@fdlaw
Tel:0277093611
Facebook:https://www.facebook.com/fudalawyer
website:https://fdlaw.com.tw/
e-mail:info@fdlaw.com.tw
Frequently Asked Questions
Can real estate gifted between spouses always be recovered in the event of a divorce?
Not necessarily. Whether real estate can be returned or included in the distribution during divorce proceedings depends on the original agreement, the time of acquisition, loan burdens, and the calculation results of the remaining property distribution.
Does the distribution of remaining assets mean dividing all assets equally in half?
No. The distribution of remaining property usually involves comparing the difference between the increase in the couple's property after marriage, and then requesting a distribution of half of that difference. It does not involve directly dividing all the property under their names equally.
What should a couple pay attention to before transferring a shop or house between them?
It is advisable to first confirm the purpose of the gift, whether it is subject to encumbrances, who will pay the loan, how it will be handled in the event of a divorce, and whether a written agreement is required. Relying solely on verbal promises regarding high-value assets can easily lead to difficulties in proving the facts later.