Can a man get it back when he buys a house for mistress?

The Supreme Court's interpretation of "mistress" is: "In social reality, cohabitation outside marriage is very complicated, and some people live together knowing that the other party has a spouse. However, because the marriage registration information in China is not connected to the whole country and there is no personal inquiry, some people do not know that the other party has a spouse, that is, the situation of mistress is also objective. It is difficult for simple regulations to cover such complicated issues, so the solution of such problems still leaves a lot of discretion for judges. " Therefore, there is no relevant clause of "mistress" in law, but in the folk, "mistress" is defined as "a third party inserted into a married family". Someone once joked that if one day the marriage certificate is the same as the driver's license, who will dare to cheat? ! A couple each has a marriage certificate, each with only 12 points. Deduct 6 points for the affair and impose a fine of 654.38+ 10,000; If you go home after midnight 12, two points will be deducted and a fine of 20,000 will be imposed; Call for special service, deduct 3 points and impose a fine of 30,000; Beat his wife or husband, deducted 6 points, fined 65438+ ten thousand; If you find an affair or deduct points, you can directly cancel your marriage certificate, confiscate all your personal property, and never remarry for life! Of course, this is a joke. Let's get back to business! Can I get my spouse's property back to San Xiao? First of all, the gift can be revoked. According to Article 186 of the Contract Law: "The donor may revoke the gift before the transfer of the right to the donated property. The provisions of the preceding paragraph shall not apply to gift contracts or notarized gift contracts with the nature of social welfare and moral obligations such as disaster relief and poverty alleviation. " In other words, as long as things are not delivered and the house is not transferred, you can still go back on your word and not give them away. However, what we are talking about here is not the revocation before the transfer of this right, but what should we do after the gift has been paid? What if the property has been transferred? According to the provisions of Article 58 of the Contract Law, after the contract is invalid or cancelled, the property obtained from the contract 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 both parties are at fault, they shall bear their respective responsibilities. In other words, as long as the gift contract is invalid, it should be returned. So, is the property given to San Xiao by her husband during the marriage relationship valid or invalid? Let's look at a case first: Yue He, born on 20 10, 1958, and Li, a woman born on 0/986, met in Shenyang. Although there is a big difference in age, Li knew Yue was registered to get married as early as 1985 and developed a lover relationship with him. In order to please Li, Yue did not hesitate to spend a lot of money, carrying his wife to buy a property for Li in Shenbei New District, Shenyang, and registered it under Li's name. In addition, Yuemou has repeatedly transferred more than 200,000 yuan to Li's bank card through bank transfer, part of which was used to pay his living expenses. Yue and his wife Wang are both from Fujian. They started their business from scratch, but the wife gradually found that although there was more and more money at home, the husband spent more nights outside, and the wife began to be suspicious. After all, paper can't hold fire, and his wife finally discovered Yue's extramarital affairs, and further learned the fact that her husband transferred money to the house and mistress. The couple quarreled about it several times and finally went to court. 2065438+In June 2004, his wife Wang filed a lawsuit in the People's Court of Shenbei New District, Shenyang, demanding that the house donation contract between her husband Yue and Xiao San Li be invalidated and the house be returned. So can the property given to San Xiao by her husband be returned? According to the provisions of China's Marriage Law, apart from the needs of daily life, one of the spouses should make important decisions on the joint property of the husband and wife, and both spouses should negotiate on an equal footing and reach an agreement. Neither party has the right to dispose of the property jointly owned by husband and wife. In this case, her husband Yue gave a large sum of property that was not necessary for daily life to Li, and without Wang's consent, the husband and wife gave the same property to others without authorization, which seriously damaged Wang's legitimate rights and interests. Husband Yue's gift behavior itself is based on his disagreement with Li, which violates the principle of public order and good customs. However, knowing that Yue had a spouse, Li continued to keep proper relationship with Yue and accepted the gift, which was at fault, so the gift was invalid. Then, can I return the house to the hostess? The first thing to answer is whether the house for Xiaosan belongs to the joint property of husband and wife. If the house given to Xiaosan belongs to the joint property of husband and wife, then the act of giving Xiaosan is not only without the consent of both husband and wife, but also free of charge, so it is invalid and the house given to Xiaosan can be returned. This is the law, but in real life, the other party is fascinated by mistress, and mistress's tricks are getting higher and higher. What should I do in the face of Xiaosan's tricks of asking for real estate in various ways? 1. What should my spouse do in the head office if he invests in buying a house in the name of San Xiao? In this case, the real estate license is registered under the name of Xiao San, and the house can't be recovered, but the house money can be bought back. The principal's office can confirm that the spouse has contributed the down payment, taxes and repayment of the loan through the bank transfer list and witnesses. As the above money is the property of husband and wife, without the consent of the firm, the unilateral gift from the spouse is invalid, so San Xiao is required to return the house purchase money. 2. What should the spouse do if he gives the property to San Xiao? In order to please Xiaosan or make it convenient to date Xiaosan, it is very likely that a spouse will give a property under his name to Xiaosan and register it in Xiaosan's name. In this case, if the property is the spouse's personal property before marriage, the principal has no claim; If the property is owned by both husband and wife, the principal office may require confirmation that the gift is invalid, that is, the principal office may require confirmation that the spouse's unilateral disposition of the same property is invalid and the house is recovered. 3. What should the spouse do if he leaves San Xiao property in his will? This is against public morality, public order and good customs, and the will has no legal effect; If the will is invalid, it will be treated as legal inheritance, that is, half of it will be given to the Lord first, and the remaining half will be shared equally by the Lord, children and parents; San Xiao's act of inheriting the spouse's estate obviously violates social morality, and the law will not protect San Xiao's inheritance, so San Xiao has no right to inherit the spouse's estate according to his will. 4. What should I do if my spouse sells the property to San Xiao at a low price? Because San Xiao didn't accept the property in good faith and didn't pay a reasonable price, in this case, even if the property has been transferred to San Xiao's name, the principal's office can confirm that the spouse's low-price transfer is invalid and recover the property on the grounds that the spouse has no right to dispose of it and San Xiao does not meet the bona fide acquisition. 1. Foreword: There is a popular saying on the Internet that a man is a flower when he is 40 years old. At the peak of his career, when a woman reaches the age of 40, she will take care of her baby at home full-time. She can do nothing but take care of the children, not even the children. A few men will meet other women at this time and buy bags and mobile phones for other women. If it is worth tens of millions, even buying a house worth millions is not a problem. Second, the two-minute legal explanation is to answer whether the house my husband bought for San Xiao can be returned. In practice and theory, there are different views on this issue. Some people say it's a gift, others say it can't be a gift. Before answering this question, let's learn about the basic legal knowledge 1. What is the joint property of husband and wife? Wages, bonuses, labor remuneration, production and operation, investment income, intellectual property income, and property inherited or donated according to Article 1062 of the Civil Code, except designated inheritance. For the same property of husband and wife, it is first necessary to make sure that it is during the marriage. To put it more loosely, the property after marriage belongs to the same property, except personal property. Personal property before marriage will not be transformed into joint property of husband and wife because of marriage. 2. What is personal property before marriage? With regard to personal property, it can be concluded from the Civil Code that personal property before marriage is premarital property. For example, before marriage, the man had 800 thousand deposits, of which 400 thousand was used to buy a house and the other 400 thousand was in the bank. Therefore, even if the man gets married, the house will not become the joint property of husband and wife, and the 400,000 deposit will not become the joint property of husband and wife. 3. There are many situations when a husband buys a house for a mistress. Some people on the Internet say that my husband can get it back when he buys a house for Xiaosan, while others say that he can't. It depends on the specific situation. Under the agreed marital property system, the husband or wife has the right to give the agreed property to others without the consent of the spouse. Accordingly, if there is no sufficient evidence to prove the existence of the relationship between borrowing and lending, the property given to the extramarital lover should be a gift. The completion of the gift behavior is because the other party actually accepted the property and has no right to ask for it back after the gift. Under the legal marital property system, according to the relevant provisions of the civil code of our country, during the marriage relationship, the property acquired by either party belongs to the husband and wife in principle. Husband and wife, as the owners of the same property, enjoy equal rights to dispose of all the property of * * *. During the relationship between * * * and * *, some * * people dispose of * * * property without authorization, which is generally considered invalid. Of course, there is a special case, that is, if someone in other * * * knowingly fails to raise an objection, it will be regarded as consent and can be considered as valid. Therefore, the husband or wife has the right to dispose of the property with the consent or acquiescence of the other party. Otherwise, the behavior without the right to dispose should be deemed invalid, and the property obtained by the extramarital lover has no legal basis and should be returned as unjust enrichment. The conclusion drawn from the analysis is that if you want to take back the house your husband bought for San Xiao, the prerequisite is that you must prove that the other party has misappropriated the house or articles that the husband and wife bought for San Xiao. 4. How to prove that the husband and wife bought a gift or a house for San Xiao with the same property? First, you can provide a spouse's bank card number to the court and apply to the court to investigate his bank flow. Of course, it is best to print out the other party's bank card yourself to avoid the procedural trouble caused by applying for court investigation. Second: through the chat records, we can also see whether the husband and wife own the same property, whether they bought it before marriage or after marriage. Third: when dividing the purchase price, it can be argued that his behavior of buying a house for Xiaosan belongs to malicious transfer of husband and wife's property and should be divided less. If the court finds that the man's behavior is indeed a malicious transfer of husband and wife's property, then you can divide the husband and wife's property more. Three. In the practice of summing up the law, whether divorce can divide the property depends on whether the husband and wife share the property. If the husband buys a car and a house before marriage, and has a certain reserve before marriage, then in most cases, after divorce, the woman leaves home cleanly and gives a little compensation at most. Because there is no division of property with husband and wife, most of their wages are spent, and even they owe foreign debts. Can a man go back when he buys a house for a mistress? 1. Can a married man buy a house with a mistress? 1. First of all, there is no need to buy a house with his relatives. As long as you show your ID card when buying a house, you won't see if the person who buys a house with you is your other half when buying a house, so a married man can buy a house with anyone. There is no legal requirement for this, and you must buy it with your partner or relatives. 2. However, buying a house for San Xiao by a married man is an encroachment on marital property, which is equivalent to buying a house for others with marital property without his wife's consent. Therefore, the house bought by the swindler for his San Xiao is an encroachment on the other party's property, so the other party has the right to recover it. Therefore, a married man can buy a house with other people, but without the consent of his partner, it is an act of encroaching on the joint property of husband and wife. This situation is discovered by the other party, and the other party can apply for recovery of the money. . Second, can a man go back and buy a house for mistress? 1. A man buying a house for a mistress is usually a gift. Then according to the contract law of our country, the donor can cancel the gift before the transfer of the donated property rights. In other words, as long as something is not given and the house is not transferred, you can go back on your word and not give it away. So if the house has been transferred to the other party, what should I do in this case? 2. Then, according to the provisions of the Contract Law, if the property acquired by the contract cannot be returned or is unnecessary after the contract is invalid or dissolved, it shall be compensated at a discount. The party at fault should compensate the other party for the losses suffered. If both parties are at fault, they shall bear their respective responsibilities. In other words, as long as the gift contract is invalid, it should be returned.