In case of case | Send the "Primary Three" money, can the spouse still come back?

A husband and wife have an extramarital affairs

Not only will it be spiritual about the other party

Cause huge damage

at the same time

The derailed party happened in the third party

Economic expenses, property gifts

It will also cause major damage to the family

Well, the other party is in the marriage

The property of the third party

Can it be recovered?

Recently, Xi'an Intermediate People's Court

Just trial like this

Case of property dispute during marriage

party

My husband, Wang, derailed during the marriage with Gan's long -term improper relationship, and gave Gan a more than 84,000 yuan during the period. I asked Ganmou, and Gan only gave me 10,000 yuan, and then pulled me black. Over the years, I have been trapped in this emotional entanglement and pain.

Case

Li's husband, Wang, met Gan Gan, a post -90s girl in the marriage, and developed from a friend to a lover. Initially, Wang concealed the fact that he had married, but after Gan knew that Wang was not single, Gan did not end the relationship, but continued to maintain this unfair relationship with Wang, and took the initiative to contact Li Moumou. Ask Li to quit. Li had found Gan Mou after learning that his husband Wang Mou had an extramarital relationship with Gan and Wang had a transfer of more than 84,000 yuan to Gan. Ganmou will pull the WeChat with Li Mou and Li Mou after refunding Li. After that, Li could not contact Gan, so he sued the court to ask the court to confirm that the gift between his husband Wang and Gan Mou was invalid and asked Gan to return more than 84,000 yuan.

French official interpretation

During the existence of the relationship between husband and wife, the two sides generally have a common relationship with the common property of the husband and wife. If there is no agreement or unknown agreement, each of the people have the right to manage the rights and obligations. Due to the claims generated by the real estate or property, a total of people have a joint debt in terms of foreign relations and shall bear joint debt. In this case, Wang gave money based on the relationship between extramarital affairs with Gan, and the gift was invalid due to the violation of public order and good customs. Based on the rights of the joint property of the couple, Li enjoys the claims of Gan, and has the right to ask Gan to return all the money.

In view of the fact that Gan did not know the facts such as Wang's marriage, the court in the second instance believed that the mediation of this case was the best solution to safeguard the rights and interests of the two parties. During the trial, the undertaking judge adopted the method of other mediations to analyze the case with Li and Gan, to explain the reason, and to make logical deductions that meet the requirements of humanity. From the beginning of the emotions to the beginning to the reasonable maintenance of their own rights and interests. In the end, the two sides reached a mediation. Li recovered 40,000 yuan. Gan also put down the burden of his heart. He had no longer with Wang, realizing the maximum protection of the rights of both parties, and the case was completed.

Link

Article 300 of the "People's Republic of China" stipulates: "Some people shall be managed by the shared real estate or property in accordance with the agreement; if there is no agreement or the agreement is not clear, the common people have the right to manage the rights and obligations."

Article 307 of the "People's Republic of China" stipulates: "In terms of foreign relations due to the common real estate or the debt generated by the real estate, a total of people enjoy the claims and bears the debt. People know that some people do not have the relationship between claims and debt. "

Article 153, paragraph 2 of the "People's Republic of China" stipulates: "Civil legal acts that violate public order and good customs are invalid."

Article 157 of the "People's Republic of China" stipulates: "After the civil legal behavior is invalid, after being revoked or determined that the property obtained by the behavior should be returned due to the property obtained by the behavior."

Recently, the party Li Mou came to the people of the people to send the banner of the "good model of the people's good judges". The mediation work allowed me to appreciate the superb professionalism and the feelings of the judges of the Xi'an Intermediate People's Court for the people, so that I really felt the temperature of the law, and I felt fair and just around me. I would like to express my heartfelt thanks! "(Source: Xi'an Intermediate Court)

- END -