When the husband and wife divorce, the property can be donated to the child, but when donating the joint property of the husband and wife, both the husband and the wife need to reach an agreement. One party cannot donate the joint property of the husband and the wife to the child without authorization. That is to say, if one party does not agree to donate the joint property of the husband and wife to the child, or does not know about the donation, the donation behavior cannot be implemented. If one party donates the joint property to the child without authorization, the other party can return the donated property.
[Legal Basis]
Article 1087 of the Civil Code states that at the time of divorce, the joint property of the husband and wife shall be handled by both parties through agreement; If the agreement fails, the people's court shall make a judgment according to the specific circumstances of the property and the principle of taking care of the rights and interests of children, women and the innocent party.
The rights and interests enjoyed by the husband or wife in the household land contractual management shall be protected according to law.
