Many couples, considering asset planning and saving for their children's growth funds, deposit large sums of money into their minor children's accounts. When it comes to dividing marital property during a divorce, the two parties often have significant disagreements over the ownership of this money. Some believe that money registered in the child's name cannot be divided at all, while others think that since the money comes from the couple's labor income, it should be divided equally as joint property. Both views have legal cognitive biases, and whether the deposit can be split depends on the source of the funds and the authenticity and effectiveness of the gift intention.

  If the money in the account comes from grandparental gifts, compensation for the child's personal injury, or accumulated red envelopes during holidays, this asset belongs to the child's exclusive personal property, and the parents only have the right to act as custodians. According to the "Civil Code," legally received gifts by minors are directly owned by the children themselves, and parents only have the right to act as custodians. In judicial practice, even if the amount of money in the child's name from gifts and grandparental gifts reaches tens of thousands, the court will not allow the division of property, and the scope of property division during divorce is limited to joint property. Guardians can only use the deposit for the child's education, medical care, and daily living expenses. Taking out the money privately for division orMisappropriate, are all considered to be infringing on the property rights of minors.

  If the large deposit is essentially derived from the couple's joint income during the marriage, simply transferred to the child's account, without a written gift agreement, and without any evidence of the couple's consensus on gifting to the child, especially if there is a sudden transfer of funds before the divorce, the court generally does not recognize the establishment of the gift. This deposit will still be considered joint marital property for division. Many people try to transfer or conceal marital assets through their children's accounts. Once the financial records prove that all the funds come from the couple's income and there is no evidence of any gift, the court, in addition to supporting the division of the deposit, will also recognize the transferring party's fault in transferring property and will give them a smaller share in the division of the remaining marital property.

  After the divorce, the party with custody is responsible for managing the deposit in the child's name, but the right of custody does not equate to ownership. The other party has the right to supervise the use of the funds. The custodian must keep receipts for expenses such as tuition and medical care when using large amounts of money, and cannot use them for personal consumption or to repay their own debts. If the custodian squanders the child's deposit, the other party can file a lawsuit to demand the return of the money and change the property custodian.

  To ensure that the deposit is solely owned by the child and to avoid disputes over property division during a divorce, the couple can sign a written gift agreement, make a transfer note indicating the gift to the child, open a separate account, and completely isolate family daily income and expenditure. Clarifying the ownership of the deposit in the child's name can not only effectively protect the property rights of minors but also reduce property disputes during a divorce, properly balancing family affection and property fairness.