[Case Summary]This case involves a dispute over marital property and unjust enrichment. The plaintiff, Wang * and the defendant, Li * were in a romantic relationship. During their relationship, the defendant constantly requested money from the plaintiff. The plaintiff, on the premise of getting married, paid the defendant 284,000 yuan through WeChat, bank cards, and other means. Later, the two broke up and failed to establish a marital relationship. The plaintiff believes that the payment has lost its legal and factual basis, and therefore entrusted Beijing Henglu Law Firm to handle the case for him/her.Wang XinruiThe lawyer sued, requesting the return of 254,000 yuan and interest. The defendant countered that the money was a voluntary gift and part of it was for purchasing a car, and counter-sued for 50,000 yuan in mental damages (submitting the plaintiff's guarantee letter). Hengluo Lawyer argued that the guarantee letter was not a true expression of intent, but was written under duress and inducement. The court determined that part of the money was a gift, and the remaining 210,000 yuan was for purchasing a car and should be returned. The counter-sued promise letter was not enforceable and was not supported. The court ruled that the defendant should return 210,000 yuan and dismissed other claims and counter-claims. Core dispute: The nature of the transfer of money in a romantic relationship. Applicable laws: Article 98 of the Civil Code and Article 67 of the Civil Procedure Law.

I. Review of the Case Facts

"Recovering money transferred during a romantic relationship" and "demanding repayment after a breakup" are common legal issues in emotional disputes. The plaintiff, Wang * and the defendant, Li *, were in a romantic relationship. Since the beginning of their relationship, the defendant has continuously requested money from the plaintiff. On the premise of getting married with the defendant, the plaintiff paid 284,000 yuan to the defendant through WeChat, bank card transfers, and other means.

After the defendant obtained the money, he broke up with the plaintiff, resulting in the failure to establish a marriage relationship. The plaintiff believes that the money paid to the defendant has lost its legal and factual basis, and the defendant's continued possession of the money lacks legal justification. Therefore, the money should be returned. Therefore, the plaintiff entrusted Beijing Henglu Law Firm to handle the case.Wang XinruiThe lawyer sued the court to protect his rights.

After receiving the commission, Attorney Wang communicated with the client in detail, sorted out the transfers and their nature in the case one by one, determined the cause of action for filing the case, and requested the court to order the defendant to repay 254,000 yuan and interest.

II. The focus of the case

  • Focus 1: Among the 284,000 yuan transfer, which part is a gift, which part is the car purchase money, and which part can be refunded?Different natures determine different legal consequences.
  • Focus II: For large sums of money given on the premise of marriage, can they be returned as betrothal property or unjust enrichment after a breakup?This involves the application of Article 98 of the Civil Code.
  • Focus III: The defendant's counterclaim for compensation for mental distress and the validity of the plaintiff's guarantee letter.It concerns whether the counterclaim is valid or not.

III. The professional intervention of Hengluo Law Firm

The plaintiff originally claimed that:Based on the premise of marriage, the plaintiff paid 284,000 yuan to the defendant. However, the marriage did not proceed after the breakup, and the defendant obtained the funds without any legal basis. Therefore, the plaintiff requests the return of 254,000 yuan and the interest thereon.

The defendant (the counterclaim plaintiff) argued and counterclaimed that:I and the plaintiff were only in a romantic relationship and were not married. I never demanded money from her. Most of the transfers in the plaintiff's evidence were for the purchase of vehicles. Even if some of them were voluntary gifts made out of goodwill, they still constituted voluntary donations. The defendant filed a counterclaim, requesting the court to order the counter-defendant to pay 50,000 yuan in compensation for mental distress, claiming that Wang * interfered too much in her work and life during their relationship, causing her mental trauma. The defendant also submitted a guarantee letter written by the counter-defendant.

Hengluo Lawyer's Agency Opinion:The lawyer sorted out and calculated each transfer and its nature, and clarified the case basis to successfully file a lawsuit. Regarding the counterclaim, the lawyer argued that the guarantee letter was not a true expression of intention, but was written by Wang * under the coercion and inducement of Li *. Based on our evidence, Li * intended to require Wang * to delete the chat records and write a written agreement to ensure that the received funds would not be returned.

  • Check the nature of the transfers item by item, distinguish between gifts, car purchase payments, and other payments, and accurately determine the scope of refunds
  • Quickly assess and determine the case basis for filing, and clarify the basis for the litigation request
  • Regarding the counterclaim guarantee letter, the defendant claims that it was not written with true intent, but under duress and coercion, and therefore denies its enforceability

IV. Outcome of the case

The court ruled in favor of most of our litigation requests, holding that some of the funds were gifts made during the relationship; the remaining funds were clearly marked as car payments and recognized as such by both parties, so the 210,000 yuan should be returned as car purchase money. Regarding the defendant's counterclaim, the court held that the promise letter does not grant legal enforceability to such agreements between individuals, so it will not be upheld. In accordance with Article 98 of the Civil Code of the People's Republic of China and Article 67 of the Civil Procedure Law of the People's Republic of China, the judgment is as follows: 1. The defendant (the plaintiff in the counterclaim), Li * shall return the sum of 210,000 yuan to the plaintiff (the defendant in the counterclaim), Wang * within five days after the judgment takes effect; 2. The plaintiff Wang *'s other litigation requests are dismissed; 3. The counterclaim of the defendant Li * is dismissed.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Wang XinruiThe attorney (practice certificate number: 11101202111290829, subject to the certificate issued by the judicial administrative organ) acts as the agent. Hengluo Law Firm reminds you: There are no specific laws and regulations to protect romantic relationships, and there are corresponding legal risks. Both parties should treat each other with sincerity, maintain relatively independent property, and pay attention to leaving evidence and clarifying the nature of large-scale fund transactions; for large-scale payments made on the premise of marriage, the recipient can claim restitution after the breakup based on the marital property or unjust enrichment, but the nature of the funds must be proven by evidence.

VI. Common Questions and FAQs about Cases Involving Return of Transfers in Romantic Relationships

  1. Q: If I gave money to my partner during our relationship, can I get all of it back after we break up?
    A:It cannot be generalized. We need to distinguish between different types of transactions, such as gifts, loans, and car purchase payments. If the money involved is clearly a loan or is intended for a specific purpose, the recipient can claim its return. In this case, the court supported the claim for the 210,000 yuan car purchase payment.
  2. Q: When transferring money in a romantic relationship and labeling it as "car payment", is this considered a loan or a gift?
    A:If the note explicitly states that it is a car payment and is recognized by both parties, it is generally considered a payment for a specific purpose. After the breakup, the other party can be required to return the money, rather than considering it a gift.
  3. Q: How can I recover a large sum of money transferred under the precondition of marriage if we break up?
    A:You can claim the return of the marital property or unjust enrichment, but you need to provide evidence of the "premise of marriage" and the nature of the funds. It's also important to keep records of the transfer of funds and communication in a timely manner.
  4. Q: If the other party writes a guarantee letter saying that they will do something if they don't get the money, does it have legal effect?
    A:Generally, such promises between individuals do not have legal enforceability. If they are written under duress or coercion, they do not represent the true intention of the parties involved, and the court will not support them.
  5. Q: After the breakup, the other party countersued for compensation for mental distress. Would the court support this claim?
    A:During the relationship, it is generally not supported to counter-sue for mental damages. The promise letter does not have enforceable force, and the court will reject the request for a counter-suit.