In the novel *Fortress Besieged*, there is a very romantic description of love: "Love is as greedy as fire, as contagious, as cruel, destroying the solid material of the prison, and exchanging ashes for light and heat."

Love happens among all living beings, and it creates a very deep bond between people. In love, people can experience the most extreme spiritual feelings. It can be the vigorous and intense love between young people, or the plain love of mutual support in old age. Of course, it can also be the firm hand-in-hand of two people of the same gender who bravely face the secular perspective.

Today, we are going to talk about a pair of same-sex lovers we encountered and the story between them.

Xiao Li and Xiao Fang are a same-sex couple who have supported each other for more than ten years. During their relationship, Xiao Li purchased a property for Xiao Fang to give her a greater sense of security. Unexpectedly, this year, the two had conflicts and decided to separate after negotiation. Regarding the ownership of the property, Xiao Fang is willing to return the property to Xiao Li. Because of their special situation, this creates certain difficulties for the ownership of the property.

The large amount of property given during the relationship should be different from the general gift in the Contract Law, and also different from the act of giving betrothal gifts according to custom, which is based on the relationship between the two lovers. Generally speaking, small gifts or daily consumption expenditures during the relationship should be considered as necessary expenditures to maintain the relationship or the common consumption of both parties, and should not be required to be returned. The act of giving large amounts of property is often a gift based on the purpose of marriage, and the gift can be regarded as a gift with a condition of rescission.

However, China's Marriage Law stipulates that both spouses must personally go to the marriage registration authority to register their marriage before the marriage has legal effect and is protected by law. In other words, China only recognizes the marital relationship between men and women.

When the two parties cannot enter into a marriage relationship, the purpose of the gift of property by one party cannot be realized. At this time, the party receiving the gift constitutes unjust enrichment, so the gifting party has the right to demand its return, which is also in line with the principle of fairness in civil activities. The donor can revoke the donation before the transfer of the right to the donated property, but Xiao Li and Xiao Fang have completed the transfer of the right to the donated property, so Xiao Li can no longer revoke the donation and can only ask Xiao Fang to return it. As mentioned above, Xiao Fang is also willing to return the property to Xiao Li.

If Xiao Li wants to get the property back, since the property purchase is less than two years old, the immediate transfer will cause Xiao Li a high tax burden. However, if the transfer is not done in time, Xiao Li is worried that Xiao Fang will go back on her word... The lawyer believes that the two parties can sign a holding agreement to clarify that the actual owner of the property is Xiao Li, and Xiao Fang is only the nominee, and then file a lawsuit with the court to confirm the ownership (the court issues a mediation statement or judgment) to determine the actual ownership of the house. This not only saves tax expenses reasonably, but also protects Xiao Li's ownership of the property. Xiao Li can wait until the house is two years old before going through the transfer procedures with Xiao Fang.

Sociological surveys believe that homosexuality is one of the three major sexual orientations of humans and even mammals, namely heterosexuality, homosexuality, and bisexuality. Scientific research shows that regardless of the size of social environmental pressure, the proportion of the three sexual orientations is relatively stable, roughly 94% heterosexual, 5% homosexual, and 1% bisexual. This also means that the homosexual population is objectively present.

Although the state has not yet legalized same-sex marriage, the rights and interests of this group of people should be protected and valued. They will also experience the big and small trivial matters that ordinary people experience, such as love, breakup, and property division. Their rights and interests are more difficult to protect than ordinary people. From a lawyer's point of view, what we can do is to provide them with legal protection as much as possible and provide them with judicial assistance. This is our escort on the road to better safeguard their rights and interests.