Shenzhen Professional Divorce Lawyer: Can the child's red envelope money and gift money be divided as joint property during divorce?

In divorce disputes, children's red envelopes and birthday gifts often become new points of contention. Some couples believe that these funds are received during the marriage and should be considered as joint property, to be equally divided during divorce; while others insist that the gifts are specifically given to the child by relatives and have nothing to do with the couple, and should not be divided. In fact, the key behind this lies in clarifying the ownership of the property. Dao Hua Family Law attorney combines legal practice to clarify this matter for everyone.

The red envelopes received by children during the Spring Festival and the gift money given by elders on birthdays are essentially gifts from relatives and friends to the children. The intention of this gift is very clear — it is for the child, not for both the husband and wife. Therefore, legally speaking, the ownership of this money belongs to the child, even if the child is not yet a minor, and they have the independent property rights as stipulated by law.

Many parents mistakenly believe that since their children are young, the property should be under the control of the parents, and even consider these funds as joint property to be divided during a divorce, which is actually incorrect. Both spouses, as the legal guardians of the child, only have the right to temporarily hold and reasonably use these properties, and cannot dispose of them arbitrarily, nor can they use them for an equal split during a divorce. Reasonable use refers to the necessity of using these funds for the child's daily life, education, medical expenses, etc., such as paying for the child's tuition, buying clothes, and covering medical fees.

Of course, there are also special cases. If during the marriage, both parties have used the child's red envelope money and gifts for joint family expenses — such as repaying the joint mortgage and paying for the family's living expenses — then when they divorce, they do not need to return this money to the child. However, if one party unilaterally appropriates the child's red envelope money for their own use or for personal expenses such as extravagance or investment, which are unrelated to the child, the other party has the right to demand its return, and may even file a lawsuit in court if necessary, to protect the child's legitimate rights and interests.

The person responsible for raising the child is advised to properly keep related documents when acting as a custodian of these assets, such as bank transfer records, receipts, etc., to clearly state the use of funds, which can prevent doubts from the other party. If there are disputes between the two parties regarding the custody and usage scope of the child's red envelope money and gifts, it is advisable to sit down and negotiate an agreement first. If the negotiation fails, consulting a professional lawyer and seeking a more secure solution can also be considered.