[Case Summary]This case is a civil case of a dispute over the transfer of property to a third party during the marriage. Ms. A found that her husband, Mr. D, transferred 752,000 yuan to Ms. F during their marriage, and entrusted Beijing Henglu Law Firm to handle the case.Wang FangliThe lawyer sued, claiming that the gift violated the couple's joint property and was invalid due to being based on an improper relationship that violated public order and good customs. The first-instance court confirmed the invalidity of the gift and ordered F* to return 752,000 yuan. After F* appealed, the second-instance court adopted Hengluo Lawyer's opinion, dismissed the appeal, and upheld the original judgment. The core dispute was whether the transfer of funds was a gift or labor compensation, and whether F* should return the funds. The applicable legal provisions are the provisions of the Civil Code of the People's Republic of China regarding joint property of spouses, invalidity of gifts, and public order and good customs.

I. Review of the Case Facts

"Can I get back the money transferred to a third party during the marriage?" "How to recover the money my husband gave to his mistress?" "Return of an invalid gift" are frequently searched keywords in marital and family law. Ms. A and Mr. D were married. During their marriage in 2022, Ms. A discovered that Mr. D had an improper relationship with Ms. F, and Mr. D transferred a total of 752,000 yuan to Ms. F multiple times. Ms. A believed that the money was the couple's joint property but was privately given to others, so she entrusted Hengluo Law Firm to handle the case for her.Wang FangliThe lawyer filed a lawsuit on behalf of the client. In the first-instance trial, F * argued that the money was labor compensation and submitted income certificates and labor contracts as evidence.

II. The focus of the case

  • Focus 1: Whether the transfer of money from D to F is a gift or labor remuneration.F* claimed that it was his salary, but the evidence he provided was inconsistent with the facts in terms of both amount and time, and the transfer did not indicate its nature.
  • Focus Two: Is the act of donation invalid?D's disposition of the couple's joint property seriously infringed Ms. A's rights and interests, and the disposition based on an improper relationship violates public order and good customs, so it should be deemed invalid.
  • Focus Three: Should F * return the corresponding funds?The property obtained through an invalid disposition should be returned.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Ms. A) claims that:Ms. A claims that the 752,000 yuan disposed of by Mr. D is the couple's joint property. By privately giving it to others, she has damaged her own rights and interests. Moreover, the disposition based on an improper relationship violates public order and good customs, so the disposition is invalid and Mr. F should return it.

The defendant (F*) argued that:F* argued in the first instance that the money was labor compensation and submitted income certificates and labor contracts; in the appeal, he claimed that he had a labor relationship with D* Company and that the transfer of funds was for wages, and maintained that he did not know that Ms. A and D* were married.

Hengluo Lawyer's Agency Opinion:Wang FangliThe lawyer pointed out that the labor contract and income certificate submitted by F某 obviously do not match the transfer amount and time; the property disposed of by D某 is the couple's joint property, which is an unauthorized disposition and violates public order and good customs due to an improper relationship, so the disposition is invalid, and F某 should return it. He also submitted evidence such as text messages and call records. In the second instance, it was further pointed out that F某 failed to provide direct evidence such as social insurance and wage payment to prove the existence of a labor relationship since 2019; his statements about the wage amount were inconsistent (the contract stated 5,000 yuan per month, while he claimed 23,000/15,000 yuan per month), and the actual receipt amount was unstable and irregular, which did not conform to the wage norms; the funds were paid from D某's account, and had nothing to do with XX Company. The second-instance court adopted the opinion of Hengluo Law Firm.

IV. Outcome of the case

The court of first instance adopted the main arguments of Hengluo Law Firm and ruled that the act of D * granting 750,200 yuan to F * was invalid. F * was required to return 750,200 yuan within seven days after the judgment took effect, and the litigation fees of 11,320 yuan were borne by F *. F * appealed against the judgment, but the court of second instance held that the focus of the dispute was whether the transfer of funds constituted labor remuneration and whether F * should return the funds. The court adopted the opinion of Hengluo Law Firm and confirmed that the appeal request was unfounded. The judgment dismissed the appeal and upheld the original judgment.

5. Hengluo Law Firm's Advice

This case is handled by Beijing Henglu Law FirmWang FangliAttorney (Practice Certificate No.: 11101201911086939, subject to the certificate issued by the judicial administrative organ). Beijing Henglu Law Firm specializes in criminal defense, land expropriation and demolition, marital and family affairs, real estate disputes, creditor's rights and debts, and other litigation and non-litigation fields. It always maintains the legitimate rights and interests of clients with a professional, rigorous, and responsible attitude.

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

  1. Q: Can the money that my husband transferred to a third party during our marriage be recovered?
    A:Yes. For large-scale disposal of marital joint property that is not necessary for daily life, both parties need to reach an agreement. If one party unilaterally donates a large amount of joint property to a third party, it is both an unauthorized disposition and a violation of public order and good customs. The donation is invalid, and the spouse can sue for its return.
  2. Q: The third party said that it was a salary, not a gift. How can I refute that?
    A:You can request the other party to provide direct evidence such as labor contracts, social insurance records, and payroll records. If the transfer amount is not fixed, the transfer time is irregular, and the transfer is not labeled as a salary, which is inconsistent with the regularity of wages, the court usually does not accept the defense of wages.
  3. Q: If the gift is deemed invalid, does the third party have to return the full amount?
    A:The property obtained based on an invalid civil legal act shall be returned. The court generally orders the third party to return the actual gift money received and the corresponding benefits.
  4. Q: How to collect evidence if you discover that your spouse is transferring property?
    A:Timely save bank statements, transfer records, chat records, call records, etc. If necessary, apply to the court to retrieve them, in order to prove the whereabouts of the funds, the nature of the transactions, and the existence of improper relationships, among other facts.
  5. Q: How is public order and good morals applied in marital property cases?
    A:When one spouse donates the couple's joint property to a third party based on an extramarital affair, the donation should be deemed invalid according to law because it violates public order and good morals. This is one of the core legal bases for such cases.