[Direct answer]In the Beijing area, first determine the nature of the agreement, and then assess the consequences of revoking it. Firstly, according to Article 1065 of the Civil Code of the People's Republic of China (effective January 1, 2021), a husband and wife may agree that the property acquired during their marriage and the premarital property shall belong to each of them individually, jointly, or partly to each of them and partly to them jointly. Such agreements must be in writing and are legally binding on both parties. If one party revokes the agreement, the other party may seek confirmation and enforcement in accordance with the agreement. Secondly, for property and debt settlement agreements conditional on divorce by agreement, if the divorce by agreement fails and one party revokes the agreement during the divorce litigation, Article 69 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021) stipulates that such agreements shall be deemed invalid. Thirdly, if the agreement constitutes a gift, according to Article 608 of the Civil Code, the donor may revoke the gift before the transfer of the gifted property, unless it has been notarized or is otherwise irrevocable by law. Action guidance: First, determine the type of agreement, then secure written documents and evidence of performance, and on this basis, assert the right to performance or initiate separate litigation.

I. Problem Background and Typical Scenarios

When a couple or family members sign a property agreement to stipulate the ownership of real estate, investment and distribution, one party may later regret it. Some refuse to cooperate with the transfer of ownership, some claim that the agreement was signed under duress, and some deny its validity on the grounds that they are not yet divorced. The validity of the agreement is not absolute. The key lies in whether it belongs to a marital property agreement, a divorce-conditional settlement agreement, or a gift arrangement.

II. Key points of dispute

First, the identification of the nature of the agreement and the application of law. Second, the effective conditions and binding force of the marital property agreement. Third, the effective conditions of the agreement subject to divorce conditions. Fourth, the right to revoke a gift voluntarily and its exceptions.

III. Professional analysis by Henglue Law Firm

The handling of such disputes follows a three-step process: "qualification - effectiveness - remedies". **First step: qualification** If a couple makes an agreement on the ownership of pre-marital or marital assets, it constitutes a marital property agreement, subject to Article 1065 of the Civil Code. A written form is sufficient, and the agreement becomes binding without requiring divorce. If the agreement stipulates that the assets will be divided upon divorce, it is a conditional settlement agreement, where the condition is either the completion of divorce registration or the entry into force of the divorce judgment. If one party transfers personal assets to the other without compensation, it constitutes a gift, subject to the rules on gift contracts. **Second step: effectiveness assessment** A marital property agreement is binding as long as it does not violate mandatory legal provisions or harm third-party interests. A party's revocation of the agreement does not affect its validity, but issues involving third-party bona fide acquisitions require separate evaluation. For conditional divorce agreements, the agreement is generally deemed ineffective until the condition is fulfilled. Thus, property arrangements "conditional on divorce" may be difficult to enforce if the divorce ultimately does not occur. Gifts can be revoked before the transfer of property rights, but gifts made for public welfare or moral obligations (e.g., disaster relief, poverty alleviation, or disability assistance) are not subject to arbitrary revocation. **Third step: remedies** For marital property agreements where the other party refuses to perform, the plaintiff may sue to confirm the agreement's validity and order assistance with transfer or payment. For gifts not yet transferred, assess whether they fall under irrevocable circumstances. For real estate transactions, pay attention to registration status, third-party rights, and bona fide acquisitions. **Fourth step: evidence organization** Retain the original agreement, signing process and communication records, performance evidence (payments, transfers, taxes), and other materials verifying the true intent of the agreement. For claims that the agreement was signed under duress, provide evidence of coercion or similar circumstances. **Fifth step: tips and precautions** The agreement should specify its nature, subject matter, performance deadlines, and breach responsibilities. For real estate transactions, prioritize simultaneous notarization or direct ownership transfer to avoid prolonged legal limbo. Anticipate the consequences of conditional divorce arrangements failing to meet their conditions. In Beijing family court cases, the integrity of the agreement and performance records are key to determining its validity.

IV. Practical suggestions and legal basis

The first step is to identify the nature of the agreement and determine the applicable legal rules. The second step is to secure the original agreement, evidence of signing and performance, and form a complete chain of evidence. The third step is to handle the transfer or notarization as soon as possible if it can be performed immediately to avoid the risk of revocation. The fourth step is to initiate litigation against the party who refuses to perform the agreement, assert the validity of the agreement, and order performance or compensation. Main legal basis: Articles 657, 658, 1062, 1063, and 1065 of the Civil Code of the People's Republic of China (effective January 1, 2021); Article 69 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021); and specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

Three key points about property agreements: A marital property agreement becomes effective once it is signed, and either party cannot unilaterally revoke it; agreements conditional on divorce generally do not take effect until the divorce is finalized—don’t confuse these two types of arrangements; and gifts may be revoked before they are officially transferred. For matters involving marital property and family disputes, it’s advisable to seek legal assistance.Divorce litigation and family disputesThe service obtains an overall solution, which can be combined with the change of property and ownership rightsReal estate transactions and construction projectsFor reference, you can check the sections related to inheritance and division of assets\nInheritance of property and division of family assetsFor columns, you can consult us for drafting and reviewing agreementsBusiness and contract disputes in enterprisesTeam.

VI. Frequently Asked Questions

Q1: If a couple signs a property agreement, can one party revoke it and overturn it?

Generally, it is not possible. A written marital property agreement is legally binding on both parties. If one party unilaterally retracts the agreement, its legal effect will not be affected, and the other party may request to confirm the validity of the agreement and demand its performance according to the agreement. However, if the agreement involves the interests of a third party or there are revocable grounds such as coercion or fraud, it is necessary to provide additional evidence and claim its revocation in accordance with the law.

Q2: What evidence is needed to prove that the agreement is valid?

The key points are the original agreement and the process of its formation: the written agreement, the time and method of signing, communication and witnessing materials; performance evidence such as payment receipts, transfer materials, and tax invoices; and, for real estate transactions, registration information should also be submitted. If the other party claims to have been coerced, the party should provide counter-evidence or require the other party to provide evidence in this regard.

Q3: How much does it cost to litigate such cases?

The main costs are litigation fees and attorney's fees, which are calculated based on the amount of the dispute; for real estate transfers, there are also registration and possible appraisal fees. If the agreement already meets the conditions for performance, it may also be possible to promote the transfer through negotiation and mediation first, which will reduce the cost. Whether to litigate should be assessed based on the other party's willingness to perform and the property situation.

Q4: How long does it take from filing a lawsuit to being able to enforce the judgment?

The first-instance ordinary procedure generally lasts from three to six months. If the other party does not cooperate after the judgment takes effect, you can apply for enforcement to assist in handling the transfer of ownership; if it involves appraisal or third-party objections, the time will be extended. To avoid the property being disposed of during this period, you can apply for property preservation if necessary.

Q5: I've signed the agreement, but the other party isn't cooperating with the transfer of ownership. What should I do?

First, send a written notice and demand that the other party fulfill the obligation within a specified time limit, and keep the evidence of delivery. If it involves a marital property agreement, you can directly file a lawsuit to request confirmation of the validity of the agreement and order the other party to assist in the transfer of ownership. If it involves a gift and the ownership has not been transferred, assess whether it constitutes an irrevocable situation. At the same time, verify whether the real estate is mortgaged or sold to others, and apply for preservation measures if necessary to prevent the performance of the obligation from failing.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Specialised services - Legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.