The wife found her husband living with others
Also transferred to the lover more than two million yuan
Because the husband and the lover do not agree to return
The wife appealed her husband and lover to the court
Can the wife return this money?
Husband and lover live together, giving more than 2 million gifts
At the beginning of November 2017, Ms. Li discovered that her husband, Mr. Zhang, lived in a place with Xiao Bing and had an improper relationship between men and women. After repeated questioning by Ms. Li, Mr. Zhang admitted that he met Xiao Bing in September 2013 and began to maintain unfair relationship with him in the following month. During the period, he successively donated a large number of husband and wife joint property to Xiao Bing through cash, transfer, gift and other means. According to Ms. Li, a total of 2.227 million yuan can be found.
Ms. Li believes that the actions of Mr. Zhang and Xiao Bing have destroyed their families, violated basic social ethics, and undermined public order and good customs. Therefore, Mr. Zhang and Xiao Bingyi were brought to court, requesting confirmation that the gift was invalid and the order was small. Ice returned the husband and wife joint property of 2.227 million yuan and paid the corresponding interest.
“She” is a company consultant and the transfer is “salary”
The husband and wife donated without authorization, and half of them were invalid.
The court held that during the marital relationship, both spouses have equal rights to the common property. For those who do not make important decisions on the joint property of the husband and wife due to daily life needs, the spouses should negotiate on an equal footing and reach a consensus. A spouse does not give the joint property to others for free because of the needs of daily life, which seriously damages the property rights of the other party and violates the principle of fairness in civil law. Such gift shall be invalid.
According to the provisions of the Marriage Law of our country, in the case that the husband and wife have not chosen other property systems, the husband and wife form a common share of the joint property of the husband and wife. During the marriage relationship, the joint property of the husband and wife should be an inseparable whole, and the husband and wife do not share the common property. Ownership is shared by share. The equal treatment of the joint property by the husband and wife does not mean that the husband and wife have a half share of the common property. The gift of the spouse to the joint property to others is invalid, not partially invalid.
In this case, Mr. Zhang transferred the 2.20 million yuan husband and wife joint property to Xiaobing during the period of the husband-wife relationship. Although Mr. Zhang and Xiao Bing claimed that there were legal relationships between the two parties, they did not submit sufficient evidence and did not make a reasonable explanation for the obvious abnormal remittances. According to the existing evidence, Mr. Zhang’s above transfer was made without authorization. The unpaid gift, while taking into account Mr. Zhang's unauthorized disposition of the joint property of the husband and wife and the denial of their gift in the trial, Xiao Bing should return the above money to Ms. Li personally. Ms. Li argued that Mr. Zhang’s mother’s remittance to Xiao Bing and Mr. Zhang’s 20,000 yuan transfer amount were all donated by Mr. Zhang to Xiao Bing, but did not submit sufficient evidence in this regard and did not support his claim.
Finally, the court ruled that the gift was invalid, and Xiao Bing returned Ms. Li for 2.02 million yuan.
Equal treatment rights and independent disposal rightsxx规定，夫妻对共同所有的财产，有平等的处理权。但是，“平等的处理权”并不等于夫妻双方各自都有独立的处分权。因日常生活需要而处理夫妻共同财产的，任何一方均有权决定;非因日常生活需要对夫妻共同财产做重要处理决定，夫妻双方应当平等协商，取得一致意见