Can the wife get back the money that the husband gave his lover? Emotional things are the most difficult to ponder. Sometimes the development of feelings is unexpected, and there are still many problems after marriage. See if the wife can recover the money her husband gave her lover.
Can the wife get back the money the husband gave her lover? 1 1. Can the property given by the husband to the lover be returned?
According to the relevant provisions of the General Principles of Civil Law, "* * * and * * * enjoy the same rights and assume the same obligations. During the relationship between * * * and * *, if some * * * people dispose of the property of * * * without authorization, it is generally considered invalid. "
According to the relevant provisions of the Marriage Law, "apart from the needs of daily life, the husband or wife should make important decisions on the joint property of husband and wife, and both husband and wife should negotiate on an equal footing and reach an agreement."
According to the provisions of Judicial Interpretation III of China's new Marriage Law, during the marriage relationship, the court will support the litigation request to divide the property of husband and wife in the following two cases:
1. One party conceals, transfers, sells, damages, squanders the marital property or forges the marital debt, which seriously damages the interests of the marital property;
2. One party has a legal obligation to support the person who needs medical treatment due to serious illness, and the other party does not agree to pay the relevant medical expenses. Therefore, if you have the above two behaviors and don't want to divorce, you can bring a lawsuit to the court and ask for the division of husband and wife's property to safeguard your legitimate rights and interests.
From what has been said above, we can know that the property given by a husband to his lover can be returned as a wife.
Second, what is the evidence to prove the extramarital affair?
According to the provisions of the Gao Gui People's Court, if one party submits the following evidence and the other party raises an objection but there is no evidence to the contrary, the people's court shall confirm its probative force:
1. Original documentary evidence or copies, photos, duplicates and excerpts consistent with the original documentary evidence;
2. Original material evidence or copies, photos and video materials thereof. Consistent with the original material evidence;
3, there are other evidence and legal means to obtain audio-visual materials, there is no doubt that the point or a copy of audio-visual materials;
4. The parties concerned shall apply to the people's court for obtaining material evidence or on-site inspection records in accordance with legal procedures. Therefore, videos and photos from legal sources can be used as valid evidence in court, excluding the phone list and bed photos stolen indoors, because the sources of these evidences are illegal. Of course, a list of telephones from legal sources can be used as evidence.
5. Similar to the "guarantee letter" and "apology letter", the extramarital affair was suddenly exposed, and the wrong party was anxious to write a guarantee letter to express remorse, which is an important evidence of extramarital affairs;
6, whoring events, etc. Generally, the police are involved and there is a police confession;
7. After verifying the extramarital affairs of employees, the company may deal with their life style problems;
8. Letters, text messages, emails, etc. In addition to written evidence exchanged between the two parties, such evidence should be notarized before being submitted to the court;
9. Capture behaviors beyond ordinary friends (such as hugging and kissing). ) and collect evidence by taking photos, videos, etc.
In our life, if our spouse has an affair, we must do a good job in collecting relevant evidence while we are sad. If you don't know how to collect evidence, then I suggest you consult an expert lawyer in marriage to avoid the situation of both people and money. As for the property given by the husband to the lover, if it belongs to the joint property of the husband and wife, then the wife can get it back after finding it.
Can a wife recover the money her husband gave her lover? During the marriage, can the wife recover a large amount of property given to her lover by her husband?
During the marriage, the wife may not be able to recover a large amount of property given to her lover by her husband. If a large amount of property donated by a husband privately is his personal property, then the husband, as the owner, has the right to dispose of his personal property and return it. If a large amount of property donated by Xiao San belongs to the common property of both husband and wife, and the husband disposes of it without the consent of his wife, the punishment is invalid, and Xiao San should return the donated property.
But don't worry too much, husband and wife have a wide range of property, such as:
"According to article 1062 of the Civil Law, the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to both husband and wife:
(1) Wages, bonuses and remuneration for labor services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law;
(five) other property that should be owned by * * *. "
In addition, if it cannot be proved that the property belongs to one of the spouses, it is presumed that the property of the spouses is the same.
The Supreme People's Court 1993 1 1 Several Specific Opinions of People's Courts on Handling the Division of Property in the Trial of Divorce Cases (hereinafter referred to as "Opinions") stipulates: "If it is difficult to determine the personal property or the joint property of husband and wife, the party claiming rights has the responsibility to prove it. If the parties can't produce strong evidence and the people's court can't verify it, it shall be treated as the joint property of the husband and wife. "
This provision is the legal embodiment of this principle. There are similar regulations abroad. Article 226 of the Swiss Civil Code stipulates: "Where there is no evidence to prove that it belongs to the personal property of one spouse, it is regarded as the joint property of the husband and wife."
Therefore, if a wife finds out that her husband gave her lover property, it is not so difficult to get it back from a legal point of view.
Can the wife get back the money that the husband gave his lover? 3. Situation
Xiao Wang (male) and Xiao Liu (female) have been married for years. Xiao Wang was introduced by an acquaintance to a young and beautiful Xiaoli, and later developed into a lover relationship. In order to please Xiaoli, Xiao Wang gave her many properties and cars.
Later, the relationship between Xiao Wang and Xiao Li was destroyed by Xiao Liu Faxian. Under the coercion of his wife, Xiao Wang confessed to giving property to Xiaoli. Xiao Liu filed a lawsuit against Xiaoli and asked her to return all the property donated by her husband Xiao Wang. Xiaoli thinks that Xiao Wang gave it voluntarily and should not return it.
Secondly, the court held that
1. The duration of marriage begins with marriage registration and ends with divorce registration, divorce decided by the court or
One of the spouses dies. Unless both parties have an agreement on the ownership of property during the marriage relationship, in principle, the property obtained during this period should be owned by both husband and wife, and both parties enjoy equal rights to dispose of it.
In this case, there is no agreement between Xiao Wang and Xiao Liu on the ownership of husband and wife's property, so the property spent by Xiao Wang on purchasing real estate, cars and other property for Xiao Li should be owned by Xiao Wang and Xiao Liu.
2. "Husband and wife have equal rights to dispose of the same property". Husband or wife is not born because of daily life.
Life needs to make important decisions about the property of husband and wife, and both husband and wife should negotiate on an equal footing and reach an agreement. Neither party has the right to dispose of the husband and wife's property alone.
In this case, the property given to Xiaoli by Xiao Wang is essentially the property jointly owned by husband and wife without Xiao Liu's consent or ratification afterwards. Moreover, Xiao Wang's behavior of giving Xiaoli the property jointly owned by husband and wife violated public order and good customs. Xiaoli's acquisition of the disputed house and car was based on her disagreement with Xiao Wang, and her acquisition of the property was not in good faith subjectively, and she did not pay for it, which did not meet the legal conditions for bona fide acquisition. Therefore, the property and car that Xiao Wang gave Xiaoli are invalid.
Third, the court ruled.
1. Confirm that Xiao Wang's civil legal act of giving Xiaoli real estate and car is invalid.
2. Defendant Xiaoli returned the house and vehicle to plaintiff Xiao Liu within ten days after this judgment came into effect.
Fourth, the lawyer's opinion.
During the marriage relationship between Xiao Wang and Xiao Liu, neither side wrote about the marital property.
According to the agreement, during the existence of the relationship between husband and wife, Xiao Faye Wong, due to the needs of daily life, disposed of the husband and wife's property without the consent of his wife Xiao Liu, and gave many houses and cars to Xiao Li, which violated his wife Xiao Liu's property rights and should be deemed invalid.
Moreover, extramarital relations violate public order and good customs, which is not tolerated by society and is not protected by law. The gift contract based on extramarital relationship violates public order and good customs and should also be considered invalid. Xiaoli should return the property and vehicles involved.
The legal basis of verb (abbreviation of verb)
People's Republic of China (PRC) Civil Code
Article 153 stipulates that a civil juristic act that violates the mandatory provisions of laws and administrative regulations is invalid. However, unless mandatory provisions do not invalidate civil legal acts. A civil legal act that violates public order and good customs is invalid.
Article 1062 stipulates that the following property acquired by husband and wife during the marriage relationship is the common property of husband and wife and belongs to both husband and wife: (1) salary, bonus and labor remuneration; (2) Income from production, operation and investment; (3) Income from intellectual property rights; (4) Inherited or donated property, except as provided for in Item 3 of Article 1063 of this Law; (five) other property that should be owned by * * *. Husband and wife have equal rights to dispose of the same property.
Article 157 stipulates that after a civil juristic act is invalid, revoked or deemed invalid, the property acquired by the actor as a result of the act shall be returned; If it is impossible or unnecessary to return it, it shall be compensated at a discount. The party at fault shall compensate the other party for the losses suffered as a result; If all parties are at fault, they shall bear their respective responsibilities. Where there are other provisions in the law, those provisions shall prevail.