Jun and Jane are a pair of post-80s. They have been married for 4 years and have a lovely daughter. Their relationship ended on June 26, 2005+2065438, and the two parties voluntarily agreed to divorce at the Civil Affairs Bureau.
At the end of that year, Auntie heard that Ajun invested 6.5438+0.43 million yuan to buy a house for Xiaoqing (a pseudonym), a post-95 network female anchor. Although Jane knew that Ajun was engaged in financial investment and earned a good monthly income, when she agreed to divorce, Ajun said that she had no deposit in her name.
After investigation, Jane found that A Jun remitted 400,000 yuan to Xiaoqing the day before he divorced A Jun, and paid 530,000 yuan and 500,000 yuan to a real estate enterprise in other provinces on August 1 day and August 8 of the same year respectively.
Jane thinks that this money should be her * * * property during her marriage with A Jun.. A gentleman concealed this * * * property during the divorce, which harmed her legitimate rights and interests. Xiaoqing, as a third person, violated the law and social public order and good customs, and should return the money.
On March 29th this year, Auntie sued Ajun and Xiaoqing to Lucheng District People's Court, demanding the return of1130,000 yuan and interest. /kloc-in may of 0/9, Lucheng court held a public hearing in the first instance to hear the case.
Xiaoqing said that she didn't know about Ah Jun's marriage at first, and then they gradually developed feelings. On 20 15, the two began to talk about marriage, and the money was bought by husband A for her in her hometown. But later, their relationship broke up and they didn't get married, thinking that the money should belong to Ajun's personal property.
In this regard, A Jun also said that the money was earned by financial investment during his marriage with Jane, but after paying the house price for Xiaoqing, Xiaoqing dissolved the marriage relationship with her. In desperation, A Jun agreed that the house belonged to Xiaoqing, and Xiaoqing paid 300,000 yuan to A Jun..
The court of first instance found that when A Jun and A Zhen agreed to divorce, they had divided the property of the two parties during the marriage relationship, and agreed that the deposits in their respective names would be owned by them after divorce, which was legally binding.
From the point of view of time, the RMB 6,543,800+0,300 yuan paid by A Jun to Fang Kai Company from 2065.438 to August 2005 should be regarded as the personal property of A Jun after his divorce. However, the 400,000 yuan remitted by Ah Jun to Xiaoqing the day before the divorce belongs to the joint property of husband and wife, and Ah Zhen and Ah Jun enjoy equal treatment rights.
In the end, the court ordered Xiaoqing to return 200,000 yuan and 400,000 yuan of interest she charged to Azhen, and rejected other claims of Azhen.