Money given to mistress can't be prosecuted for several years, but some people cheat because they can't stand the temptation after marriage. Men will certainly spend money on mistresses during their infidelity, but no matter how much, the property acquired by husband and wife during their marriage belongs to the joint property of husband and wife. So let's see, the money given to mistress can't be prosecuted for several years.
You can't sue 1 for the money you gave San Xiao a few years later. 1. How long will it take for the husband to return the money given to San Xiao?
In principle, no matter how long it takes, the husband can get it back, but it is very unfavorable for the plaintiff to exceed the limitation of action.
People's Republic of China (PRC) Civil Code
Article 188 The limitation period of ordinary litigation and the longest period of rights protection shall be three years. Where there are other provisions in the law, those provisions shall prevail.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
Article 192 Upon the expiration of the limitation of action, the debtor may raise a defense of non-performance.
After the expiration of the limitation period of action, if the debtor agrees to perform it, it shall not defend itself on the grounds of the expiration of the limitation period of action; If the debtor voluntarily performs, it may not request the return.
2. During the marriage, can the husband give the property of * * * to a third party and ask for the division of the property of * * *?
If a husband donates the joint property to a third party during the marriage, he may request the division of the joint property of the husband and wife.
People's Republic of China (PRC) Civil Code
Article 1066 division of marital property during marriage. During the marriage relationship, under any of the following circumstances, one of the spouses may request the people's court to divide the property:
(1) One party conceals, transfers, sells, damages or squanders the property of the husband and wife, or forges the debts of the husband and wife, which seriously damages the interests of the husband and wife;
(two) one party has a legal obligation to support the person who needs medical treatment because of a serious illness, and the other party does not agree to pay the relevant medical expenses.
Third, how can a husband sue to recover his property if he gives it to a third party?
1. Prepare civil litigation.
2, to the people's court with jurisdiction, and submit relevant evidence.
3. Attend and participate in litigation activities on time according to the notice of the people's court.
4. Anyone who refuses to accept the judgment or ruling of first instance shall appeal to the people's court that originally tried or the people's court at the next higher level within 15 days after receiving the judgment or 10 days after receiving the ruling, and submit an appeal. "
In short, the limitation of action for a wife to ask a third person to return the marital property is three years. After the limitation of action expires, the wife can still sue or ask the third party to refund the money by other means. However, after the expiration of the limitation of action, the third party may raise the defense of non-performance.
Money given to mistress can't be prosecuted in a few years. What if the spouse transfers the marital property to the mistress? In fact, you can get all the money back.
Some people think that if the spouse's donation to Xiao San is small, the court will consider it as a daily expense and will not support the return. In fact, this view is wrong The money given by the spouse to Xiao San violates social public order and good customs, and such a gift is invalid. If it is determined that the small amount donated to San Xiao is a normal expenditure and does not support the return, it will tell everyone in disguise that as long as the amount is small enough, it can cover San Xiao, which is obviously contrary to China's socialist core values and social public order and good customs, and obviously inappropriate. Therefore, as long as the money transferred to Xiao San, even if it is a dollar, you can ask for a refund.
Then how can we protect our rights and interests? Lawyer Guan will teach you a trick You can sue Xiao San and his spouse for a gift contract dispute through the court and ask Xiao San to return the property. But you need to get the evidence of your spouse's extramarital affair with San Xiao, and the bank transaction process of your spouse's transfer to San Xiao. It must be remembered that both aspects of evidence are indispensable.
In private, I received many clients who came to me for advice on the judgment of losing the lawsuit against San Xiao. Most of the cases were lost because only the details of the transfer transaction between the spouse and San Xiao were proved, but the fact that there was no proper relationship between the spouse and San Xiao could not be proved, which led to the failure to conclude that the money donated by the spouse to San Xiao violated social public order and good customs, and the contract was invalid, and finally the case was lost.
How to collect evidence of extramarital affairs? There are only the following kinds of evidence:
A letter of guarantee from a spouse or mistress. How to write the spouse's derailment guarantee to have legal effect?
Remember to write down two points clearly: First, write down San Xiao's name and ID number clearly, so that you can sue San Xiao for the return of property in the future, and you can also claim that your spouse should return the money transferred to San Xiao in the divorce case.
Second, the time when the spouse and mistress develop extramarital affairs should be clearly written, so as to facilitate the transaction details of applying for a bank account under the spouse's name for many years in divorce cases. If there is no evidence that the spouse began to transfer property many years ago or had an extramarital affair, which led to the breakdown of feelings, then in judicial practice, the court is generally only allowed to ask for one or two years.
WeChat and SMS chat records of spouses and mistresses. Two points should be paid attention to when obtaining evidence: First, it is best to obtain evidence by means of video and pictures, so that the obtained evidence can be consistent and the other party can avoid denying the authenticity of the evidence in the trial.
Second, be sure to take pictures of the micro-signals of spouses and mistresses. If you only take the chat records of both parties, you can't prove who is chatting with whom. Only the micro-signal is real-name authentication, and the other party cannot deny it. Intimate photos and videos of spouses and mistresses. For example, photos and videos stored in the spouse's mobile phone album, or photos and videos posted on WeChat friends circle and Tik Tok can be used as evidence.
However, it should be noted that if evidence is found in WeChat circle of friends and Tik Tok, it should be kept in the notary office in time to prevent the other party from deleting it and unable to find the original source. An ambiguous transfer between a spouse and a mistress. If both parties transfer 520, 13 14, 2020 and other special funds to San Xiao for many times on special festivals such as Valentine's Day on Qixi, 2 14 Western Valentine's Day and 520 Confession Day, it can also be used as evidence of extramarital affairs.
After collecting the evidence that the spouse had an extramarital affair with Xiaosan and confirming the fact that Xiaosan has obtained the money from the spouse, he can sue Xiaosan and his spouse for the dispute over the gift contract and ask Xiaosan to return the property. Even if there is no transaction details between them before filing a lawsuit, he can entrust a lawyer to inquire about the bank transaction details under his spouse's name through a lawyer's investigation order after filing a lawsuit.
The money given to mistress can't be prosecuted in a few years. According to the Civil Code and other relevant laws, giving money to others for free is a gift. If you want to recover it, you can only recover it by revoking the gift. If the husband and wife jointly own property, and one party does not know it, they can recover it through litigation.
Legal basis: Article 657 of the Civil Law is a gift contract, in which the donor gives his property to the donee free of charge, and the donee accepts the gift.
Article 658 of the Civil Code states that the donor may revoke the gift before the right to donate the property is transferred.
The provisions of the preceding paragraph shall not apply to notarized gift contracts or gift contracts with public welfare nature and moral obligations such as disaster relief, poverty alleviation and disability assistance, which are irrevocable according to law.
Article 663 of the Civil Code: If the donee has any of the following circumstances, the donor may revoke the gift:
(a) serious infringement of the legitimate rights and interests of the donor or the donor's close relatives;
(two) the donor has the obligation to support and fails to perform;
(3) Failing to perform the obligations stipulated in the gift contract.
The donor's right of revocation shall be exercised within one year from the date when he knows or should know the reason for revocation.