Hangzhou Marriage Lawyer: Can I get back the money my husband transferred to San Xiao?
Before, lawyer Li wrote many articles to discuss whether the money transferred by her husband could be returned. There is no doubt that we can get it back. Today, lawyer Li will talk about how to get it back.
When the husband transfers money to San Xiao during the marriage, the wife can take it back like this:
1, determine who mistress is.
This is to confirm who you are suing. If you only know how to turn, it will be difficult to turn to no one and no one knows who mistress is.
2. Identity information of San Xiao.
This is used to determine the subject of litigation. Many people can't get the identity information of mistress, especially if the husband doesn't cooperate. But this can be entrusted to a lawyer, who has the right to investigate the identity information of the defendant.
3. Transfer record or bank account of transfer to San Xiao.
This is the actual evidence of the transfer. In some cases we represent in Hangzhou, the husband changes his mind and wants to go back to his mother's house, and will cooperate with his wife to collect the transfer evidence. Then the wife can be the plaintiff, the mistress the defendant, and the husband the third party.
Some husbands stand on the side of mistress and don't cooperate with providing evidence of transfer. The wife can entrust a professional marriage lawyer to investigate the details of bank flow, Alipay transfer records and WeChat transfer records. These can be used as evidence of transfer.
4. What is needed is evidence that there is no proper relationship between men and women.
This kind of burden of proof is lighter than divorce damages, as long as it can prove that there is proper relationship between men and women.
After getting these materials, I will negotiate with San Xiao first, hoping that she will return them voluntarily.
If negotiation fails, you can take this evidence to the court to sue San Xiao for a refund. In similar cases, the role of the husband can be the defendant or the third person, depending on his status.
Many parties will ask, can I sue Xiaosan for interfering in our marriage and destroying our marriage? In addition to the transfer mentioned in this article, you can sue her for coming back, but you can't sue for breaking the marriage. For Xiao San, at present, only moral condemnation can be achieved, and legal constraints cannot be achieved.
Therefore, if the husband cheats and transfers funds to San Xiao during the marriage, what you have to do is to sue San Xiao and get back the donated property.