[Case Summary]This case is a dispute over compensation for property damage. Zhang *qi and Wang *ming remarried in 1984. In 1996, they jointly purchased the house at No. 606 Shijingshan, Beijing, with their own funds during the housing reform, and the house was registered under Wang *ming's name, which was a marital joint property. In 2018, without Zhang *qi's knowledge, Wang *ming donated the house to his stepdaughter, Wang *, and transferred the ownership to her. In 2019, Wang * sold the house to Xie *. The effective judgment has confirmed that the donation contract is invalid. Zhang *qi entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer filed a lawsuit, claiming that Wang * should compensate for the losses caused by the inability to return the house. The court determined that the house belonged to the couple's joint property and the gift was invalid. Wang * had already died, and Zhang *qi's claim for half of the sale proceeds, namely 1.35 million yuan, was justified. The court ruled that Wang * should compensate 1.35 million yuan and pay interest. The core disputes are: ownership of the house, the validity of the gift, and the scope of compensation. Applicable laws: the provisions on the temporal effect of the Civil Code and the relevant provisions of the Tort Liability Law.

I. Review of the Case

Many remarried families are worried about what to do if the spouse secretly gifts the marital property to their children, and whether they can get the money back if the gift contract is invalid and the house is sold. Zhang *qi and Wang *ming remarried and registered their marriage in 1984, but they had no children after marriage. Wang * is the daughter of Wang *ming. In 1996, during the housing reform, Zhang *qi and Wang *ming jointly invested to purchase the house at No. 606 Shijingshan, Beijing, which was registered under Wang *ming's name and belonged to the couple's joint marital property.

In 2018, without Zhang *qi's knowledge, Wang *ming and Wang * signed a gift contract and transferred the aforementioned house to Wang *. Starting from November 2019, Zhang *qi sued to confirm the invalidity of the gift contract. The People's Court of Shijingshan District rendered a civil judgment, confirming that the gift contract signed by Wang *ming and Wang * regarding Room No. 606 was invalid. According to Article 58 of the Contract Law, after the contract is invalidated, the property shall be returned. If it cannot be returned, compensation in the form of a discounted price shall be made.

Because Wang * sold the house involved in the case to Xie * and completed the registration of the mortgage right on August 21, 2019, Wang * is unable to return the house and should compensate for the losses caused to Zhang *qi in accordance with the law. To safeguard his legitimate rights and interests, Zhang *qi entrusted Beijing Henglu Law Firm to handle the case for him.Li YonghuiThe lawyer filed a lawsuit with the court, requesting the defendant to pay a discounted price of 1.35 million yuan and interest.

II. The focus of the case

  • Focus 1: Whether the house No. 606 involved in the case belongs to the marital joint property of Zhang *qi and Wang *ming.This determines whether Zhang *qi has the right to claim the corresponding rights.
  • Focus Two: After the gift contract is invalidated, the house has been sold and cannot be returned. How should compensation be made in this case?The scope of compensation and the basis for its calculation are the most crucial aspects.
  • Focus Three: After Wang *ming's death, is there any basis for Zhang *qi to claim full compensation from Wang *?How are joint and several liability and the liability of heirs applied?

III. The professional intervention of Hengluo Law Firm

The plaintiff (spouse) alleges that:The house is the joint property of Wang *ming and his wife. The gift is invalid, and since the house has already been sold and cannot be returned, the plaintiff demands that the defendant compensate for the depreciation of 1.35 million yuan and the interest thereon.

The defendant (stepdaughter) argued that:The house No. 606 has nothing to do with Zhang *qi, but it belongs to Wang *ming and his ex-wife as public housing, with the names of Wang *ming and Wang *written on it; the housing reform purchase money was funded by his mother-in-law; the house allocation procedures show that the residents of the house are Wang *ming and Wang *, and Wang *has the right to live in the house, which can be monetized; the original judgment only confirmed that the gift was invalid, and did not involve the sale process, so there is no basis for requiring him to make compensation.

Legal opinion of Hengluo Law Firm:Li YonghuiAfter reviewing the case, the lawyer concluded that the property acquired during the marriage belongs to the couple jointly. The house in question was purchased with a total cost of over 60,000 yuan during their marriage. Wang * argued that the purchase money was provided by her mother-in-law, but she could not prove that either Wang * or the investor had ownership of the house. The effective judgment also determined that the house was a marital joint property, and the gift act had been confirmed as invalid. Therefore, Zhang * Qi has the right to claim rights to the house in question.

  • When two or more people jointly commit an infringement and cause damage to others, they shall bear joint and several liability; and the right holder has the right to request that some or all of the joint and several liable persons bear the responsibility.
  • Now, since Wang *ming has died in the lawsuit, Zhang *qi only claims that Wang * should bear the liability for compensation and claims half of the sale price, that is, 1.35 million yuan, which has factual and legal basis and should be supported.

IV. Outcome of the case

After the trial, the court accepted and supported theLi YonghuiThe lawyer's opinions and demands. The court held that the house in question was a marital joint property and the gift was invalid. Since Wang *ming has passed away, Zhang *qi's claim for half of the sale proceeds, namely 1.35 million yuan, is justified. In accordance with the "Interpretation of the Supreme People's Court on the Application of the Time Effect of the Civil Code of the People's Republic of China" and the "Tort Liability Law of the People's Republic of China", the judgment is as follows: The defendant, Wang *, shall compensate the plaintiff, Zhang *qi, with 1.35 million yuan and pay the interest loss within ten days after the judgment takes effect.

5. Hengluo Law Firm's Reminder

In remarried families, it is extremely risky for one party to dispose of the couple's jointly owned property without the other's consent. The injured party should promptly confirm the invalidity of the contract and claim compensation. This case was handled by Beijing Henglu Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts on behalf of the client to remind the spouse to pay attention to major property disposals and to entrust a professional lawyer as soon as possible if their rights and interests are damaged.

VI. Common Questions and Answers about Disputes over Compensation for Damage to Marital Property

  1. Q: If a spouse secretly donates the marital property to their children, is the contract valid?
    A:Invalid. Marital property belongs to the couple's joint property. If one party unilaterally gifts it without the other party's consent, it violates the spouse's rights and interests. The injured party can sue to confirm the invalidity of the gift contract.
  2. Q: If the gift contract is invalid but the house has already been sold, can I get the house back?
    A:If the house cannot be returned, the party concerned may claim compensation in the form of a discount; if the house has been acquired by a bona fide third party, the injured party can usually only claim compensation in the form of a discount and interest from the party who has no right to dispose of the house.
  3. Q: How much compensation can I get back?
    A:Generally, it is calculated based on one's share of the house, such as the sale proceeds of the house that belong to oneself in the couple's joint property; the specific amount is determined based on the investment, registration, and the effective judgment.
  4. Q: If the other party says that the house payment was made by their elders, does that mean it's not considered joint property?
    A:The housing reformed by the state during marriage is usually presumed to be the couple's joint property. If one party simply claims that the other party contributed funds, they must provide sufficient evidence. Otherwise, it will not affect the determination of the joint property.
  5. Q: Can I still hold the other party accountable if my spouse has passed away?
    A:Yes. The heirs or the actual disposers or beneficiaries can claim compensation from them, and they shall bear responsibility within the scope of inheriting the estate or for the profits gained from the infringement.