[Case Summary]This case involves a dispute over a gift contract (in which the couple's marital assets were gifted to a third party). Lina and Zhou * got married in 2009. Lina discovered that Zhou * had an improper relationship with Xiao Chen and had a child with her starting from 2020. During this period, Lina gifted more than 1.34 million yuan to Xiao Chen. Lina entrusted Beijing Henglu Law Firm to handle the case.Xiong BinrongThe lawyer filed a lawsuit, requesting to confirm that the gift was invalid and that Xiao Chen should return 1,348,233.98 yuan and the fund occupation fee. The court confirmed that the gift was invalid and ruled that Xiao Chen should return 1,124,832.34 yuan and interest. The core disputes include: whether the unauthorized disposition of joint property is valid, whether the third party's defense of "salary" is established, and whether the amount to be returned should be deducted. The applicable legal provisions are the relevant provisions of the Civil Code on marital joint property.

I. Review of the Case Facts

HusbandI transferred over a million yuan to the mistressMy wife often searches for things like "Can I recover over one million yuan transferred to a third party during the marriage?" "Is it invalid for a spouse to dispose of joint property without authorization?" and "How to refute the third party's claim that the money is salary?" Lina and Zhou got married in 2009 and had two children together. In 2020, Zhou had an extramarital affair with Xiao Chen and had a child with her. During this period, Zhou transferred over 1.34 million yuan to Xiao Chen through bank transfers, WeChat payments, and purchases of items. After learning the truth, Lina felt extremely angry and helpless and sought help from Beijing Henglu Law Firm.Xiong BinrongThe lawyer hopes to safeguard his rights through legal means.

The lawyer collected evidence such as the transfer records and chat logs between Zhou and Xiao Chen, pointing out that Zhou had disposed of the couple's jointly owned property without authorization, and that the gift based on an improper relationship should be deemed invalid. The lawyer requested that the court rule the gift of 1,348,233.98 yuan invalid and order Xiao Chen to return the money and pay interest on the funds used.

II. The focus of the case

  • Focus 1: Is it valid for Zhou * to dispose of the jointly owned property without authorization?The gift given based on an improper romantic relationship may be deemed invalid due to violating the duty of loyalty and public order and good customs.
  • Focus II: Whether Xiao Chen's "salary" defense is valid.Xiao Chen claimed that the 726,000 yuan was salary, but could this really hide the true nature of the gift?
  • Focus Three: How will the amount of the refund be deducted?Xiao Chen once bought items for Zhou * and transferred 85,728 yuan to her WeChat account. Zhou * admitted to returning 200,000 yuan. How should this be deducted from the total amount?

III. The professional intervention of Hengluo Law Firm

The plaintiff (Lina) claimed that:Zhou * arbitrarily disposed of the couple's jointly owned property, violating the duty of marital fidelity and public order and good customs. The gift should be invalidated. The plaintiff requests that the gift of 1,348,233.98 yuan be declared invalid, and that the defendant return the money and pay interest.

The defendant (Xiao Chen) argued that:There is no gift relationship between Zhou * and me, only financial transactions; Zhou * is a co-founder of Company A, and the 726,000 yuan is his salary; the expenses I incurred in purchasing items for Zhou * exceeded the amount he spent, so I shouldn't return the money to him.

Hengluo Lawyer's Agency Opinion:Xiong BinrongThe lawyer forcefully refuted the claim and pointed out the flaws in the opposing party's evidence: Xiao Chen was a third party in the marriage, and Zhou * unlawfully disposed of the couple's jointly owned property, violating the duty of loyalty and public order and good customs, making the gift invalid; Xiao Chen claimed that the 726,000 Hong Kong dollars was her salary, but failed to provide sufficient evidence to support this claim, and Zhou * had already left the company as a non-shareholder director in 2021, so the transfer of funds occurred after her departure; and the expense forms Xiao Chen produced herself lacked original supporting documents, and the recipients were all Xiao Chen herself, with no connection to Zhou *.

IV. Outcome of the case

The court determined that the property acquired during the marriage is generally recognized as jointly owned; Zhou * transferred money to Xiao * and paid for her social insurance and medical expenses during the marriage, and the funds were jointly owned. The large-scale gift without consent infringed the plaintiff's interests and was contrary to public order and good customs, so the gift was invalid and Xiao * should return the money with interest. Xiao * claimed that the 726,000 yuan was her salary, but the court did not accept this claim. The items she purchased for Zhou * could be offset against the plaintiff's claim. The WeChat transfer of 85,728 yuan and Zhou *'s admission to return 200,000 yuan should be deducted. The court issued a judgment accordingly.Xiao Chen returned the amount of 1,124,823.34 yuan to Lina and paid the corresponding interest.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmXiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent. Spouses should be faithful to each other and jointly maintain family harmony. If one party violates the duty of fidelity and disposes of the joint property without authorization, the other party has the right to request that the disposition be declared invalid and the property be returned. When legal rights are infringed, they should bravely use legal means to protect their rights.

VI. Common Questions and Answers about Disputes Involving Gifts to Third Parties During Marriage

  1. Q:Can the over one million yuan transferred to a third party during the marriage be recovered?
    A:A gift of jointly owned property made without authorization and in violation of public order and good customs is invalid. The spouse may request its return, and after deducting the reasonable expenses of the other party, the majority of the property shall be returned.
  2. Q:How can I refute the claim that the money is salary if a third party says so?
    A:The employer is required to provide evidence of the genuine employment relationship and corresponding payment. If the transfer time does not match the employment relationship or there are no original receipts, the court will not accept the evidence.
  3. Q:When making a refund, which amounts will be deducted?
    A:If the donee indeed made reasonable expenditures such as transferring money to his/her spouse or purchasing items for him/her, the court may deduct these expenses before determining the amount to be returned.
  4. Q:Can I sue the third party for restitution separately without getting a divorce first?
    A:Yes, the joint property is in a state of joint ownership. If one party gives away the property without authorization, it is invalid, and the spouse can directly request its return.
  5. Q:If the gift is invalid, do I need to pay a fund occupation fee?
    A:However, the plaintiff may also claim the return of the principal and the interest on the funds occupied, and the court will support this claim based on the circumstances of the case.