[Case Summary]This case involves a dispute over a gift contract (the return of property unlawfully gifted to a third party during marriage). During the existence of her marriage with her husband, Wang Minghua, Si Min discovered that Wang Minghua had been having an extramarital affair with a third party named Xiao Ying and had unlawfully gifted 264,142.89 yuan (including a bracelet worth 8,869.1 yuan) of the couple's jointly owned property to Xiao Ying. Si Min subsequently engaged the Beijing Henglu Law Firm to handle the case on her behalf.Xiong BinrongThe lawyer filed a lawsuit for the invalidation of the gift contract and demanded that the third party return the money. The court accepted the claim that the "gift was invalid" and ruled that the gift act was invalid, requiring Xiao Ying to return 229,549 yuan within seven days. The core dispute is whether the gift act by one spouse to a third party without the other spouse's consent is invalid due to violating public order and good customs and infringing the spouse's property rights. Applicable legal provisions: the relevant provisions of the Civil Code on marital joint property and public order and good customs.

I. Review of the Case

"Can I get back the money my husband transferred to his mistress?" and "How to recover the property given to the mistress during the marriage?" are frequently asked questions in marriage and family law consultations. Simin and Wang Minghua registered their marriage in 2010 and have a son and a daughter. In February 2021, Wang Minghua met his mistress, Xiao Ying. Xiao Ying knew that Wang Minghua was married, but still developed an illicit relationship with him and constantly demanded money, even threatening Simin at her workplace. During their relationship, Wang Minghua secretly gave Xiao Ying 264,142.89 yuan (including a bracelet worth 8,869.1 yuan), which was originally the couple's jointly owned property. After learning about this, Simin resolutely entrusted Henglu Law Firm to handle the case for her.Xiong BinrongThe lawyer filed a lawsuit against Xiao Ying, a third party, demanding the return of the money.

II. The focus of the case

  • Focus 1: The legal effect of unauthorized gifts during marriage.If one party disposes of a large amount of joint property to a third party without the consent of the spouse for reasons other than daily life needs, is such disposition invalid due to infringement of property rights and violation of public order and good customs?
  • Focus Two: Determination of the amount to be refunded.How to determine the reasonable portion of the total gift amount of 264,142.89 yuan that should be returned?
  • Focus Three: Whether the third-party defense is valid.Xiaoying argued that whether the expenses of raising children and living together can be deducted from the gift money.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Simin) claims that:Simin argued that Wang Minghua violated the marital duty of fidelity during the marriage by unilaterally giving the couple's jointly owned property to a third party, Xiao Ying, infringing her co-ownership rights and violating public order and good customs. She requested that the gift be declared invalid and demanded that Xiao Ying return the gifted property.

The defendant (Xiao Ying) argued that:Xiao Ying disagrees with the plaintiff's claims, saying that she and Wang Minghua had children and lived together, which involved expenses, and that she had also spent money on Wang Minghua. Regarding the 8,869.1 yuan spent on the bracelet, she said she had not received the money and did not recognize it.

Hengluo Lawyer's Agency Opinion:Xiong BinrongBased on their extensive experience in handling similar third-party cases, the lawyers quickly formulated a strategy: Xiao Ying was a third party in the marriage, and Wang Minghua's act of disposing of the couple's jointly owned property without authorization and making a gift to someone else not only violated the principle of marital fidelity but also infringed Simin's legitimate property rights. The gift should be considered invalid. The lawyers submitted sufficient evidence and a strong defense, arguing that Wang Minghua's gift was not for daily living needs, did not obtain retrospective approval afterwards, and constituted an unauthorized disposition of jointly owned property, infringed ownership rights, and violated public order and good customs.

  • Provide evidence such as bank transfers and WeChat transfer records to prove the fact and amount of the gift
  • It is argued that the gift violates the duty of marital fidelity and public order and good customs, and is therefore legally invalid
  • It is unfounded to refute Xiao Ying's claim that the expenses of living together can be deducted from the taxable income

IV. Outcome of the case

The court accepted it.Xiong BinrongThe lawyer argued that the "gift is invalid", claiming that Wang Minghua violated the marital duty of fidelity during the marriage, had an improper relationship with Xiao Ying, and transferred the couple's joint property to Xiao Ying without Simei's consent. This was obviously not for daily needs, and Simei did not ratify it afterwards. It infringed Simei's co-ownership rights and violated public order and good customs, so the gift should be deemed invalid. The final judgment: confirm that Wang Minghua's gift to Xiao Ying is invalid; Xiao Ying shall return the amount of 229,549 yuan to Simei within seven days.

5. Henglu Law Firm's Advice

The marital joint property protected by law. If one party finds that the property has been unlawfully gifted to a third party, he/she may, in accordance with the law, confirm the invalidity of the gift and recover the property. Spouses should be faithful, respectful, and caring towards each other, which is not only a moral requirement but also a legal obligation. This case is handled by Beijing Henglu Law Firm [Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts on behalf of the client, relying on the rules of marital joint property and public order and good customs in the Civil Code, to recover the property for the non-at-fault party.

VI. Frequently Asked Questions about Marriage and Family-Related Cases

  1. Q: If I find out that my husband has transferred money to a third party, can I get it back?
    A: If a spouse secretly donates the couple's joint property to a third party during the marriage, it constitutes a violation of the spouse's property rights and goes against public order and good morals. The spouse can file a lawsuit to confirm the donation as invalid and request the return of the property.
  2. Q: How to recover the property given to the mistress during the marriage?
    A: Collect evidence such as transfer records and chat logs, and sue the third party on the grounds that the gift contract is invalid, demanding the return of the gifted funds.
  3. Q: Can the expenses of living together be deducted as a tax deduction according to what the third party said?
    A: The third party's claim that the expenses of living together should be deducted from the gift money generally lacks basis, and the court usually does not accept it.
  4. Q: Can we recover all the donated money?
    A: After deducting the reasonable disputed part, the court supported the return, and the specific amount would be determined based on the evidence and the amount involved.
  5. Q: When does a Beijing marriage lawyer get involved?
    A: If you find clues, fix the evidence as soon as possible and file a lawsuit to maximize the probability of recovery.