Article 657 of China's Civil Law stipulates: "A gift contract is a contract in which the donor gives his property to the donee free of charge and the donee expresses his acceptance of the gift." Between husband and wife, there are related factors that husband and wife have the same property and the same debt, so does the gift contract need to be signed by both husband and wife? I will give you specific answers below, hoping to help you. 1. Does the gift contract need to be signed by both husband and wife?

Unnecessary. If the gift contract is clearly given to one of the husband and wife, as long as it is signed by the donor and the donor.

Second, how to clearly give it to one party?

It can be clearly stated in the gift agreement that only one party is given, but the agreement is valid only if the following conditions are met:

1, both parties to the agreement have corresponding capacity for civil rights and capacity for civil conduct;

2. The intention of the parties to the agreement is true;

3. This agreement does not violate the law or public interest.

Article 143 of the Civil Code A civil juristic act that meets the following conditions is valid:

(1) The actor has corresponding capacity for civil conduct;

(2) the meaning is true;

(3) Do not violate the mandatory provisions of laws and administrative regulations, and do not violate public order and good customs.

Article 144 A civil juristic act performed by a person without capacity for civil conduct is invalid.

Article 490

If the parties enter into a contract in the form of a contract, the contract shall be established when the parties sign, seal or press their fingerprints. Before signing, sealing or fingerprinting, one party has fulfilled its main obligations, and the contract is established when the other party accepts it. A contract shall be concluded in written form as stipulated by laws, administrative regulations or agreed by the parties. If the parties do not do this in writing, but one party has fulfilled its main obligations and the other party accepts it, the contract is established.

Second, how to belong to the marital property.

(1) The property owned by a family * * * refers to the property owned by a family member * * * for creating life and * * for income * * *.

For example, houses built by family members with the same investment, income from family-run industry and commerce, agricultural and sideline businesses or real estate purchased with the same income all belong to this category. At present, in a considerable number of private enterprises and individual industrial and commercial households, the contents of industrial and commercial registration have not changed after the children get married and one of their spouses joins the family. Children's spouses usually receive only a few hundred yuan of pocket money every month. At the time of divorce, there is no information in the archives of the industrial and commercial department that one of the children's spouses is a partner. This has caused the phenomenon that the spouse of the child has no property. In practice, it should be recognized that this * * * income during the family's life is the family's * * * property; Family and property belong to family members.

(two) the personal property of husband and wife refers to the property owned by one of the spouses, which is divided into six categories:

1, the premarital property of one spouse, such as the bride's dowry;

2. Medical expenses, disability living allowance, compensation for mental loss, etc. One spouse got it because of physical injury;

3. Property that belongs only to the husband or wife is determined in the will or gift contract;

4. Special daily necessities of one spouse;

5. Property owned by one party as agreed by the husband and wife;

6. Other property that should be owned by one of the spouses, such as the laid-off workers buying out the seniority payment.

(3) The common property of husband and wife refers to the property acquired during the marriage relationship. Specifically divided into seven categories:

1, labor remuneration obtained by one or both parties, such as wages, bonuses, allowances, welfare, etc.;

2. Property obtained by labor remuneration;

3. Income from production and operation;

4. Intellectual property income;

5. Property acquired by inheritance, unless it is determined by the will to be owned by one party;

6. Property acquired by gift, except that it belongs to one party as stipulated in the gift contract;

7. Other property that should be owned by the husband and wife, such as bonus that one of the husband and wife gets by accident.

(4) If it cannot be determined as personal property or joint property of husband and wife, it is presumed as joint property of husband and wife.

If the gift contract is clearly given to only one of the husband and wife, it can be signed by the donee and the donor, and it is not necessary for the husband and wife to sign together. The above is "Does the gift contract need to be signed by both husband and wife?" And other relevant legal knowledge.