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Shenzhen Divorce Lawyer: How to Divide the Bridal Gifts Received After Marriage?

Author: Dao Hua Marriage and Family Law FirmDate: 2026-06-12Reads:times

  Various types of gift money received after marriage have always been a controversial issue in the division of marital property. Wedding gifts, gifts for giving birth, and red envelopes for holidays differ in the subjects of gift-giving and the purposes of the gifts, with different division rules. It is neither appropriate to divide them equally in half nor to directly consider them as the personal property of the recipient.
  In the absence of a separate agreement on marital property, when friends and relatives give gifts without specifying that the money is exclusively for one party, the judicial practice considers it a gift to both parties and it is included in the marital property. During divorce, it is prioritized to be divided equally between the two parties. The gifts given by common friends and colleagues at wedding banquets, births, and other occasions, whether deposited into a joint bank account or already used for daily family expenses, do not change the nature of property co-ownership.
  If the giver explicitly states that the money is only for one of the husband or wife, and the bank transfer notes, gift account books, and chat records can prove that the gift is intended for an individual, the corresponding gift money belongs to the recipient's personal property, and the other party has no right to claim a division during divorce. Large red envelopes directed to one's own children by elders, or gift money specifically designated by relatives, even if the money is temporarily deposited in a joint account, the property rights still belong to the individual.
  Some gift money is collected on behalf of the parents, with the guests mostly being the parents' friends. The subsequent social visits and return gifts are also handled by the elders. This part of the gift money is generally considered the property of the parents and is not included in the division of marital property during divorce. Only when the parents transfer the full amount of the collected gift money to the couple for free disposal does the money become marital property.
  When handling such disputes, the court will also flexibly consider local customs and practices. If one party's relatives give a disproportionately large amount of gifts, they will have to bear the corresponding return gift expenses alone, and the court will appropriately tilt the division of gift money in favor of that party, rather than strictly dividing them equally. If one party is found to have secretly concealed or transferred gift money, the court can order the party at fault to receive a smaller share of the corresponding property.
  To avoid future disputes over division, it is advisable to carefully keep records of bank transfer notes and chat proofs when receiving large amounts of gift money, and also to make a written agreement within marriage to pre-determine the ownership of gift money, thus clarifying the boundaries of property division from the source.
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