[Case Summary]This case involvesIntra-marital gifts are invalidReturn dispute. The client has been married for 16 years, but her husband cheated on her for two years. He secretly bought a house, a car, and transferred nearly 2.1 million yuan to the third party. After the third party returned 1 million yuan, she failed to fulfill the rest of the commitment. The client entrusted the Beijing Henglu Law Firm to handle the case.Chen Mei'aoAttorney,Yè QīngyǔThe lawyer acted on behalf of the plaintiff, claiming that the gift act (contract) was invalid and demanding that the third party return the gifted property, and listed the man as a third party. The court determined that the man's gift act was invalid, and ruled that: the man's act of donating a total of 1,615,980 yuan to the defendant was invalid; the defendant shall return 615,980 yuan to the plaintiff within ten days after the judgment takes effect. The core dispute: whether a unilateral gift to a third party other than the spouse during the marriage is valid; applicable legal provisions: Article 153, paragraph 2, Article 157, and Article 1062, paragraph 2 of the Civil Code.

I. Review of the Case Facts

"Can the money given by the husband to the third party be recovered?" and "How can the original wife recover the property gifted to the third party?" are high-frequency issues in marital rights protection. A few years ago, the TV drama "thirty Something" depicted a husband having an affair and the original wife confronting the third party. However, the reality is even more cruel: the husband of the client, with whom she had been married for 16 years, had been having an affair as early as two years ago. What made it even more unacceptable was that the husband had bought a house, a car, and transferred money to the third party, totaling nearly 2 million yuan. After calming down, the client rationally safeguarded her rights. The third party initially returned 1 million yuan and promised to sell the property and car to repay the remaining money, but failed to fulfill her promise. In the end, the client decided to protect her rights through legal means and entrusted Beijing Henglu Law Firm to handle the case.

Hengluo Law Firm has arranged a lawyer with extensive experience in the field of marriage and family law to provide legal services.Chen Mei'eAttorneys andYè QīngyǔThe lawyer meets with the client.

II. The focus of the case

  • Focus 1: Is it valid for the husband to unilaterally donate the couple's jointly owned property to a third party?During the marriage, if one spouse unilaterally disposes of a large amount of joint property without meeting the needs of daily life, or acts in violation of public order and good morals, the gift act may be deemed invalid, and the return of the property becomes a prerequisite.
  • Focus 2: How to choose the basis of the right to request compensation.Among the claims such as infringement of the couple's joint property rights, unjust enrichment, and invalid contracts, is the request to confirm the invalidity of the gift and demand its return the most comprehensive and rigorous one?
  • Focus Three: Determining the amount of the refund and the fact that the third party did not appear in court.Both the defendant and the man did not appear in court. Is the evidence sufficient to determine the amount of the gift and support its return?

III. Professional intervention by Hengluo Law Firm

The plaintiff (the original spouse) alleged that:The plaintiff alleges that her husband secretly donated a large amount of the couple's joint property to a third party during their marriage, which violates the marital duty of fidelity and public order and good customs. She demands that the donation be declared invalid and the donated property be returned.

The defendant (the third party) and the man's position:At the trial, neither the defendant's third party nor the man appeared in court. Our lawyer proceeded with the case based on solid evidence.

Hengluo Lawyer's Agency Opinion:Chen Mei'eThe lawyer andYeqingyuAfter obtaining a detailed understanding of the case, the lawyer promptly formulated a litigation plan involving legal analysis, evidence preparation, the defendant's defense arguments, and risk warnings. Based on legal practice, the client can exercise rights based on claims such as infringement of the couple's joint property rights, unjust enrichment, and contract invalidation. The lawyer decided to adopt the claim of confirming the invalidity of the gift act (contract) and requiring the third party to return the property. This claim basis is the most comprehensive and rigorous, with the legal consequence of invalidity being the return of the property by the third party. At the same time, including the man as a third party not only helps repair the relationship, but also avoids the court dismissing the case due to the defendant's failure to appear. The lawyer comprehensively analyzed and prepared evidence to counter the defendant's possible defenses, focusing on establishing the subject's identity, photos and video chat records of the man's extramarital affairs, screenshots of various APP orders, the man's bank card statements, and the calculation of the total amount of gifts. Ultimately, the court adopted our viewpoint and determined that the man's gift act was invalid.

IV. Outcome of the case

In summary, in accordance with Article 153, paragraph 2, Article 157, and Article 1062, paragraph 2 of the Civil Code, and Article 147 of the Civil Procedure Law, the court rules as follows: First, the defendant's act of donating a total of 1,615,980 yuan to the plaintiff is invalid; Second, the defendant shall return the 615,980 yuan donated by the plaintiff to the third party to the plaintiff within ten days after the judgment takes effect; Third, the plaintiff's other claims are dismissed. If the defendant fails to perform as scheduled, the court will order the defendant to pay double interest on the overdue performance in accordance with Article 260 of the Civil Procedure Law. The plaintiff's legitimate rights and interests shall be legally protected.

5. Henglu Law Firm's Advice

This case is handled by Beijing Henglu Law Firm.Chen Mei'oAttorney (Practice Certificate No.: 11101201911105336, subject to the certificate issued by the judicial administrative organ);Yè QingyǔAttorney (Practice Certificate No.: 11101201910076968, subject to the document issued by the judicial administrative organ): Agent. Attorney's Tip: Marriage requires loyalty and responsibility. If a spouse unilaterally gifts a large amount of joint property to a third party during the marriage without meeting the needs of daily life, such a gift is usually invalid as it violates public order and good customs, and the original spouse can claim its return. In the event of such infringement, the victim should be sober, brave, and rational in protecting their rights through legal means, and pay attention to fixing evidence of infidelity and transfer of funds.

VI. Common Questions and Answers about Special Marital Property Cases

  1. Q: Can the money my husband gave to the third party be fully recovered?
    A:During the marriage, unilateral gifts of large amounts of joint property are usually deemed invalid as they violate public order and good customs. The original spouse may claim the return of the property, and the specific amount will be determined based on the evidence.
  2. Q: What do you need to prove to recover the gift from your spouse?
    A:It is necessary to prove that the funds belong to the couple's joint property, that the man unilaterally donated them to a third party, or that there was an improper relationship. Evidence of the transfer of funds and the infidelity should be preserved.
  3. Q: What should I do if the third party says the money was borrowed?
    A:If there is no loan agreement or evidence of repayment, it is generally regarded as a gift. The recipient can claim that the gift is invalid and demand its return.
  4. Q: Is it necessary to list the man as a third party?
    A:It is necessary to do so, as it helps clarify the facts of the gift, avoid the situation where the defendant fails to appear in court and the facts are unclear, resulting in the case being dismissed, and it also facilitates the restoration of family relationships.
  5. Q: How to protect one's rights if they discover that their spouse has transferred property?
    A:You should collect bank statements, screenshots of orders, chat records, etc. in a timely manner, and consult a professional lawyer as soon as possible to claim that the gift is invalid or to request a division of assets.