Husbands given more than 700,000 lover to raise non -marriage children, etc., all of the wife recovered after their wife sued

The husband was looking for a lover and gave a lover more than 700,000 yuan. His wife complained to the court and asked to get a gift from the gift. The Yangzhou Gaoyou Court recently announced the results of the gift disputes caused by the extramarital affairs.

Li and Wu are husband and wife. During the duration of the marriage relationship, Wu and Yao met each other, producing extramarital affairs and breeding a son. From 2016 to 2020, Wu transferred more than 240,000 yuan to Yao's WeChat without knowing his wife, more than 130,000 yuan in bank cards, and more than 70,000 yuan in Alipay, totaling more than 450,000 yuan. Last year, Wu Mou remitted more than 280,000 yuan to a real estate company to pay the down payment for Yao Mou. After learning about the situation, he appealed to the court and asked to confirm that the gift of Wu and Yao was invalid. Yao returned to the gift of more than 700,000 yuan.

Yao argued that the 280,000 house's first payment was borrowed from Wu and did not belong to gifts; more than 450,000 yuan for transferred by WeChat and other people was used for non -marriage and child raising. Wu was obliged to raise children as his father. The court trial believes that Wu transferred to Yao and paid the first payment of the house. Yao did not pay the consideration. It was Wu's free payment, and the legal relationship between the two parties was a gift. Wu said that the two sides did not have the intention of borrowing, so there was no lending relationship between the two. Without a special agreement, the couple enjoys common rights for common property. During the existence of the marriage relationship, the common property of the husband and wife is an inseparable as a whole. Wu did not pass the plaintiff's consent, because of the need for non -daily life to convert the common property of the husband and wife to Yao, it was punished without authorization. The cost cannot be exempted from the obligation to return. At the same time, the husband and wife should be faithful and respectful. Wu had a child with Yao and gave a large amount of joint property with Yao Yao, and it violated the good customs of the public. Therefore, Wu's gift was invalid, and Yao should return it.

Source: Surging News

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