Husband's marriage with her lover 3.79 million yuan in prosecution requested to return

A husband and wife in Zhuanghe City had been married for 30 years and had a daughter. They thought it was a happy and happy marriage, but found that her husband was derailed, and he found that his husband gave a lot of money to the lover of 3.79 million yuan. When his wife was angry, he appealed to the court and requested to confirm that the gift between the two was invalid and asked the lover to return the money in full. After derailment, I have a son with a girlfriend

Ms. Li in Zhuanghe City and Mr. Wang registered in 1991. They have a daughter. Mr. Wang has maintained improper men and women with Xiaoxia (pseudonym) since 2008. In 2020, Ms. Li discovered that Mr. Wang gave a gift from Xiaoxia. Ms. Li believes that this amount belongs to the common property of Ms. Li and Mr. Wang. Mr. Wang's transfer to Xiaoxia is contrary to public order and good customs, and it also violates the plaintiff's property rights. Some property is returned to Ms. Li.

Mr. Wang expressed his recognition, admitting that he had an improper relationship with Xiaoxia, and had a son with extramarital education. During the relationship with Xiaoxia, in addition to giving money to Xiaoxia, he also purchased houses and vehicles for him.

Xiaoxia claims that she is a victim. Mr. Wang has always claimed to be divorced, so the two parties have only exchanged. Xiaoxia also repeatedly asked to register for marriage, but was always delayed by Mr. Wang for various reasons. I did not know that Mr. Wang was true. Marriage status. Xiaoxia and Mr. Wang have a son. They are now ten years old. Mr. Wang's transfer is a support for the child, asking for the return of no facts and legal basis. The judgment returns more than 3.79 million yuan

Zhuanghe City Court determined that from 2013 to 2020, Mr. Wang transferred more than 1.47 million yuan to Xiaoxia. In 2012, he collected 800,000 yuan in cash and 650,000 yuan in cash in 2014 to buy two houses for Xiaoxia. In 2013, he bought a car for Xiaoxia with a value of 870,000 yuan and a total of more than 3.79 million yuan.

After hearing, the court held that during the marriage with Ms. Li, Mr. Wang maintained a lover's relationship with Xiaoxia, an extramarital woman, and contrary to public order and custom. At the same time, during the existence of the marriage relationship, both the couple have equal rights to the common property, and have the right to share the common property without share. Mr. Wang privately gave Xiaoxia jointly offered all the property of the husband and wife, violated Ms. Li's property rights and interests, and also violated the principle of public order and good customs. The gift was invalid. Xiaoxia proposed the defense of the child's support for the support fee. The case was a dispute over the contract dispute instead of the child's support for the support. Xiaoxia's claim of the claim was wrong, and he could claim to Mr. Wang separately.

In the end, the court supported Ms. Li's lawsuit and judged that Xiaoxia returned Ms. Li RMB 3.79 million. The case has come into effect recently. Judge said: No wrong party assumes the responsibility for proof

There is a loyalty obligation between husband and wife. Although gifts are a civil legal behavior of your love, the derailment party's gift to the third party seriously damages the value foundation of each other's loyalty and harm the emotions and the emotions and the spouse's emotions and the emotions of the spouse. Property rights, violating public order and good customs, corrupted social atmosphere, cannot be protected.

As a third party in the marriage of others, it will be condemned by public opinion and morality, and in the end, it will also end up the embarrassing situation of "two people and wealth". In addition, it is also necessary to remind that dealing with such cases, no faulty party assumes the responsibility of proof. Pay attention to retaining evidence of property gifts between derailed party and third party in time to safeguard their legitimate rights and interests. Dong Jiuyan Cheng Jinzhou Peninsula Morning Post, 39 -degree video chief reporter Zhang Ximing

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