[Case Summary]This case involves a dispute over the invalidity of a gift contract. The plaintiff, Liu Hong, and the defendant, Zhang Hao, got married in 1997. Since 2008, Zhang Hao has been having an extramarital affair with Li Lu and fathered a child out of wedlock. Over the past decade, he has secretly gifted large amounts of the couple's jointly owned property to Li Lu (including transferring 4.25 million yuan, paying a down payment of 190,000 yuan for a house, purchasing a car worth over 1.4 million yuan, and spending over 2 million yuan on WeChat payments, etc.). Liu Hong entrusted Beijing Henglu Law Firm to handle the case.Li YonghuiThe lawyer argued that the gift violated public order and good customs and was therefore invalid, and demanded its return. The core disputes include the determination of an improper relationship, the nature of the property, and the amount of the gift. The applicable legal provisions are Articles 1062 and 153 of the Civil Code. The court ruled that the gift was invalid and ordered Li Lu to return more than 6.3 million yuan and interest.

I. Review of the Case

Can the original wife recover all the large amounts of property that her husband secretly transferred to a third party? The original wife often searches for terms such as "gifts to third parties during marriage are invalid", "how can the original wife recover the property", "public order and good customs gifts are invalid", and "Beijing Hengluo Marriage Lawyer". Liu Hong and Zhang Hao got married in 1997 and had a son together. Since 2008, Zhang Hao has been having an affair with Li Lu and developed a romantic relationship with her. In 2018, they had an illegitimate son, Zhang Chen. Over the past decade, Zhang Hao secretly transferred large amounts of property to Li Lu without Liu Hong's knowledge: bank transfers of 4.25 million yuan, payments of 190,000 yuan for the down payment of a house, purchases of a Porsche for over 1.4 million yuan, and WeChat and card-linked consumption of over 2 million yuan. After discovering this, Liu Hong hired Beijing Hengluo Law Firm to handle the case.Li YonghuiThe lawyer filed a lawsuit.

II. The focus of the case

  • Focus 1: How to prove the husband's improper relationship with a third party.It is necessary to use the Repayment Agreement, chat recordings, and other evidence to prove the extramarital affair and the motive for the gift.
  • Focus 2: Whether the gifted property belongs to the couple's joint property.In principle, the income obtained during marriage is jointly owned, and any unilateral disposition of it requires the consent of both parties.
  • Focus Three: The legal effect of the act of gift-giving and the amount to be returned.A gift that violates public order and good morals is invalid and the recipient should return it in its entirety, along with the interest earned on it.

III. Professional intervention by Hengluo Lawyers

The plaintiff (the original wife) claimed that:Liu Hong argued that Zhang Hao's gift violates public order and good morals and should be invalidated, and demanded that Li Lu return all the gifted property and interest.

The defendant (the third party) argued that:Li Lu admitted that the gift was invalid, but only acknowledged the amount of 2.09 million yuan. She claimed that she had transferred back more than 3 million yuan and used 1 million yuan to purchase financial products for Zhang Hao, which should be offset. She also said that the house was for her children, the car was registered in someone else's name, and most of the WeChat spending was used for child rearing.

Legal Opinion by Hengluo Law Firm:Li YonghuiThe lawyer formulated a clear strategy: First, comprehensively fix evidence and guide the submission of the marriage certificate, Zhang Hao's "Repayment Agreement" (stating that the one million yuan used to buy a car for Li Lu is jointly owned and the commitment to repay), audio recordings, bank statements, WeChat bills, housing purchase files, vehicle certificates, travel orders, etc. Second, apply to the court to retrieve WeChat and bank transaction records. Third, apply for property preservation to seize and freeze the third party's property worth 5 million yuan. The lawyer emphasized that the marriage is legal and valid, and the marital property is jointly owned. Zhang Hao's unauthorized gift violates the right of disposition and goes against public order and good customs. According to the relevant provisions of the Civil Code, the gift is invalid and should be returned in full with interest.

IV. Outcome of the case

The court held that Zhang Hao's extramarital affair with Li Lu and his unauthorized donation of the couple's joint property without Liu Hong's consent violated public order and good morals, and the donation contract should be deemed invalid. The court reviewed the evidence one by one and determined that Zhang Hao donated 2.9 million yuan to Li Lu through Agricultural Bank of China and paid 190,000 yuan as a down payment for a house (the specific amounts are subject to the judgment). Combined with other transfer payments and expenses, the court ordered Li Lu to return the corresponding donated funds totaling more than 6.3 million yuan and interest, thereby safeguarding the original spouse's property rights and interests.

5. Hengluo Law Firm's Advice

If a spouse secretly gifts property to a third party during the marriage, the original spouse has the right to recover it. This case is handled by Beijing Henglu Law Firm.Li YonghuiThe lawyer (practice license number: 11101199611955812, subject to the document issued by the judicial administrative organ) acts as the agent. Lawyer's advice: If you find that your spouse has transferred assets to a third party, you should fix the chat records, transfer records, and property and vehicle certificates as soon as possible and apply for preservation; according to Articles 153 and 1062 of the Civil Code, gifts that violate public order and good customs are invalid, and you can request full repayment and interest.

VI. Common Questions and Answers about Gifting to Third Parties During Marriage

  1. Q: Can the property given by the husband to a third party be recovered?
    A:Yes. A unilateral gift of marital joint property to a third party is often deemed invalid due to violating public order and good morals, and the original spouse can sue for its return.
  2. Q: How can a wife recover her property from her husband's mistress?
    A:Collect the marriage certificate, transfer records, chat recordings, and car and house ownership certificates. Apply for retrieving transaction records and property preservation. File a lawsuit in accordance with the Civil Code to confirm the invalidity of the gift and demand the return of the property.
  3. Q: If the gift is invalid, how much do I need to return?
    A:All the donated property should be returned; the court shall determine the specific amount based on the evidence and may support the corresponding interest.
  4. Q: Can the third party's claim that the money was used for the child's upbringing be considered a mitigating factor?
    A:The alimony for children born out of wedlock is a separate legal relationship, and it cannot be automatically offset by the return of the gift. The specific situation will be determined by the court based on the evidence.
  5. Q: What are the grounds for declaring a gift made in violation of public order and good morals as invalid?
    A:According to Article 153 of the Civil Code, a civil legal act that violates public order and good morals is invalid, and the property obtained after the act becomes invalid shall be returned.