[Case Summary]This case involves a dispute over a marital gift contract. Ms. Zhao and Mr. Zhang Bin registered their marriage in 1998. During their marriage, Mr. Zhang Bin maintained an improper relationship with the supplier, Ms. Wang Ya. In 2016, he concealed the fact from Ms. Zhao and paid over 1.35 million yuan to purchase the house No. 107 in Chengdu for Ms. Wang Ya, which was then registered under Ms. Wang Ya's name. After learning of this, Ms. Zhao entrusted the Beijing Henglu Law Firm to handle the case for her.Xue Suhua,Chen Mei'aoThe lawyer filed a lawsuit, requesting that the gift contract be confirmed as invalid and that the defendant return the discounted price of the house and the parking space fee. The court confirmed that the gift contract was invalid and ordered Wang Ya to return 3,159,300 yuan and the appraisal fee of 10,000 yuan. The core disputes are: whether the statute of limitations has passed, whether the gift is valid, and the scope of return. The applicable legal provisions are the relevant provisions of the Civil Code on marital joint property.

I. Review of the Case

My husband gave me a gift.The mistress bought a houseWhen trying to recover the property, the parties often search for keywords such as "Can the property gifted to a third party during marriage be recovered?" "How to protect rights when a husband secretly buys a house for a third party?" and "Can the down payment be recovered if the gift contract is invalid?" Ms. Zhao and Mr. Zhang Bin registered their marriage in 1998. During their marriage, Mr. Zhang Bin maintained a long-term improper relationship with his supplier, Ms. Wang Ya. From May to June 2016, Mr. Zhang Bin concealed from Ms. Zhao and paid 1,351,324 yuan to the developer to purchase the No. 107 house in Chengdu for Ms. Wang Ya. The house was initially registered under the names of Ms. Wang Ya and Mr. Zhang Bin, and two parking spaces were also gifted. In August 2019, Ms. Wang Ya persuaded Mr. Zhang Bin to transfer the house to her name alone on the pretext of her children's schooling. Mr. Zhang Bin only informed Ms. Zhao of this after losing the second-instance lawsuit, at which point Ms. Zhao hired Beijing Henglu Law Firm to handle the case for her.Xue Suhua、Chen Mei'aoThe lawyer will handle it.

Wang Ya disagreed with the return, claiming that she actually paid for the house herself, and that Zhang Bin's transfer was a repayment of a loan. Moreover, the Chengdu Intermediate Court had already ruled that the house belonged to her, and the lawsuit had exceeded the statute of limitations. The house had already been mortgaged for 3.69 million yuan. After analyzing the case, the lawyer filed a lawsuit, demanding that Wang Ya pay the depreciation value of the house, which was estimated to be 3,009,300 yuan (based on the application for appraisal).

II. The focus of the case

  • Focus 1: Whether the statute of limitations has passed and whether there is duplicate litigation.Ms. Zhao only learned about this matter at the end of 2023. The subject and legal relationship of this case are different from those of the case of Zhang Bin suing Wang Ya for confirmation of ownership rights.
  • Focus II: Whether the property and parking spaces involved in the case are gifts, and whether the gifts are valid.Zhang Bin fully funded the transaction, but Wang Ya did not actually make the payment. Therefore, the gift may be invalid due to infringing the interests of the co-owners and violating public order and good customs.
  • Focus Three: Does Ms. Zhao have the right to claim the return of the discounted price and the parking space payment?Under the circumstance that the house has been mortgaged, how can the current value of the house be returned?

III. The professional intervention of Hengluo Law Firm

The plaintiff (Ms. Zhao) claimed that:Zhang Bin maintained an improper relationship with Wang Ya while he was already married, which seriously violated the prohibitive provisions of the Civil Code. Therefore, the gift should be declared invalid in its entirety. Wang Ya's acquisition of the property has no legal basis and violates public order and good customs. Ms. Zhao has the right to demand the return of the current value of the house and the purchase price of the parking space.

The defendant (Wang Ya) argued that:The house was actually funded by himself, and Zhang Bin's transfer of funds was to repay the loan. The Chengdu Intermediate Court has ruled that it belongs to him. The lawsuit exceeds the statute of limitations, and the house has already been subject to a mortgage loan of 3.69 million yuan.

Legal Opinion by Hengluo Law Firm:Xue Suhua、Chen Mei'aoThe lawyer pointed out that Ms. Zhao only found out in late 2023 that the statute of limitations for suing had not expired, and the subject and legal relationship of this case were different from those of the previous case, so it did not constitute a duplicate lawsuit; Zhang Bin transferred more than 1.35 million yuan to the developer in 2016 and transferred a 40,000 yuan deposit to Wang Ya's sister. His investment exceeded the purchase price of the house, but Wang Ya failed to provide evidence of the investment. Her 2019 "Certification" stated that the house was purchased with Zhang Bin's funds; Zhang Bin secretly used the couple's joint savings to buy a house and then gifted it to Wang Ya, which infringed the interests of the co-owners and constituted an unauthorized disposition. The gift contract was invalid; Ms. Zhao has the right to demand the return of the property and parking space. Since the house has been mortgaged, she claims a compensation for the depreciation of the value of the property.

IV. Outcome of the case

The court adopted the opinions and demands of Hengluo Law Firm, and ruled in the first instance that:It is confirmed that the gift contract between Wang Ya and Zhang Bin regarding House No. 107 in Chengdu is invalid; Wang Ya shall return 3,159,300 yuan of the couple's jointly owned property to Ms. Zhao within ten days after the judgment takes effect; and pay the appraisal fee of 10,000 yuanThe judgment clearly states that the act of unauthorized donation of real estate to a third party is legally invalid, and the spouse has the right to demand its return.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Xue SuhuaAttorney (Practice Certificate No.: 11101201211769926, subject to the certificate issued by the judicial administrative organ);Chen Mei'aoThe lawyer (practice certificate number: 11101201911105336, subject to the certificate issued by the judicial administrative organ) acts as an agent. During the existence of the marriage relationship, if either party has an extramarital affair or unilaterally donates the couple's jointly owned property to a third party, it not only violates the duty of fidelity but also damages the spouse's property rights and interests and violates public order and good customs. According to the law, it should be considered invalid. In such cases, please calmly collect evidence such as transfer records and payment receipts, and seek professional legal help when necessary.

VI. Common Questions and Answers about Property Gift Disputes During Marriage

  1. Q:Can the property gifted to a third party during marriage be recovered?
    A:A gift of a couple's jointly owned property without authorization and in violation of public order and good morals is invalid. The spouse may request the court to confirm the invalidity of the gift and require the return of the house or the payment of the discounted price.
  2. Q:How can I protect my rights if my husband secretly bought a house for a third party?
    A:Collect the investment certificates and evidence of improper relationships, sue to confirm the invalidity of the gift contract, and claim the return of the current value of the house or the discounted price.
  3. Q:Can I still get back the house that has been mortgaged to the bank?
    A:When the house has been mortgaged, the donor can claim the return of the discounted price rather than the actual house, and the donee shall pay the corresponding value to the spouse.
  4. Q:If a gift has been given for a long time, will it exceed the statute of limitations for litigation?
    A:Generally, the statute of limitations starts from the moment the spouse knows or should have known about the gift. Those who find out about it later usually do not exceed the statute of limitations.
  5. Q:What should I do if the third party says the money is a loan?
    A:They need to provide evidence of the true borrowing and lending relationship. If there is no promissory note and the amount of the loan corresponds to the purchase price of the house, the court will generally determine it as a gift of capital contribution.