In this modern era, it seems that matters related to gift, inheritance and property take a great deal of people’s attention. Especially when the issue is related to marital relations, where emotional matters overlap with legal ones.
The famous question
Recently, a story of a question that was asked to a well-known jurist circulated on social media about the possibility of retrieving a property that the husband gave to his wife in the event that the latter filed a lawsuit for annulment of the marriage or divorce. This question was not just a simple inquiry, it became the subject of a wide discussion.
Important legal benefit:
Is it permissible to return the gift of real estate to the donor from the gifted person? pic.twitter.com/KM2w22YGGa– Most valuable real estate (@athmn_R) August 16, 2023
Legal answer
In fact, the answer depends on the circumstances and conditions of the gift. If the husband indicated when giving the gift that it was provided on the basis of the continuation of marital life, this gives him a legal right to recover it in the event of divorce or separation. This clause is a type of “holding clause” that may be enforced if the specified circumstances occur. However, and this is a crucial point, if the husband gives the property to his wife without setting any conditions, he cannot recover it because the gift has been completed and has become the final property of the wife.
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2023-08-18 07:38:11
