'I Wanted to Kill Myself!' Chen Hsing-yu Bears Burden of Chao Chien-ming's NT$60 Million Clinic Mortgage

Chen Hsing-yu, daughter of former President Chen Shui-bian and a practicing physician, reignited controversy with her ex-husband Chao Chien-ming through a one-star Google review. On the 12th, she confirmed their divorce and accused Chao of marital infidelity and ethical misconduct as a doctor, sparking widespread public attention. On the night of the 13th, Chen revised her review again, sharing her 'blood and tears' experience—revealing she had gifted Chao a property worth NT$60 million, including a clinic, but the mortgage remains under her name. She urged others not to repeat her mistake.

In response, lawyer Yingzhen posted on Facebook early on the 14th, stating that Chen has become an icon for countless women across Taiwan. However, drawing from her own experience, she warned that assets acquired through spousal gifting are excluded from property distribution after divorce. She added that this situation could have been avoided if a 'burdened gift' or 'conditional gift' agreement had been established from the beginning.

What did Chen Hsing-yu say in her Google review?

After her initial review on the 12th exposed her ex-husband and drew national attention, Chen added a 'supplementary note' to the same review on the 13th. She disclosed that the clinic and storefront were gifted to Chao, but the mortgage remains under her name. 'I didn’t embezzle any money—I don’t have NT$60 million to gift anyone,' she emphasized. At the end of her message, she warned netizens: 'Real estate transferred through spousal gifting cannot be included in property distribution after divorce. Please don’t make the same mistake as I did. It’s a mistake so severe, you’ll want to kill yourself over it.'

Lawyer Yingzhen noted that Chen’s candid and regretful experience has shed light on the legal risks of 'spousal gifting.' According to Article 1030-1 of the Civil Code, property acquired through inheritance or gratuitous transfer is excluded from distribution. While gifting between spouses can be tax-efficient and isn’t subject to the same tax-exempt thresholds as gifts to children or parents, the risk is that 'once gifted, it’s gone forever.'

Should spouses gift property for tax purposes? Why is Chen paying the mortgage on a property under Chao’s name?

Should couples transfer property to a spouse’s name for tax savings? The lawyer responded: it depends on the level of trust in the spouse. Why is the mortgage still under Chen’s name if the property is registered under Chao? The lawyer explained that banks assess not only the property’s value but also the individual’s credit, income, and repayment ability. Therefore, a change in ownership does not automatically transfer the mortgage obligation.

The lawyer expressed admiration for Chen’s calm demeanor, noting that she owns a NT$60 million property under her ex-husband’s name, deals with complicated interpersonal issues at the clinic, and still pays the mortgage. Yet, she emphasized that this hardship was avoidable—just one additional legal step could have prevented the entire situation.

Chen Hsing-yu gifted property to Chao Chien-ming. (Photo credit: New Talk)

What are 'burdened gifts' and 'conditional gifts'?

The lawyer stressed that a 'burdened gift' or 'conditional gift' should have been established from the start. This means drafting a contract at the time of gifting, stipulating that the recipient must fulfill certain obligations—such as supporting family life or providing care. Alternatively, the gift could be made void upon conditions like infidelity or divorce, requiring unconditional return of the asset.

Though it requires extra effort, such arrangements can prevent future regrets so intense 'you’d want to smash your head against a wall,' the lawyer said. She concluded by expressing confidence that Chen, with her immense inner strength, will overcome this challenge. At the same time, she urged the public: while supporting Chen, everyone should reflect and avoid making the same mistakes—whether in choosing a partner or handling real estate matters—always think carefully.