In Ganzhou, Jiangxi, there was a strange marriage dispute. Guo Liang (pseudonym) met Fang Qingli (pseudonym) through the marriage software and "talked about marriage and marriage", and then transferred money to the woman in small amounts, ranging from 520 yuan, 600 yuan and 200 yuan.
At the request of the woman, Guo Liang paid a deposit of 85,000 yuan and jointly purchased a commercial house with the woman, with a total house price of 680,000 yuan, and the house payment was mortgaged by both parties. After that, Fang Qingli borrowed 10,000 yuan from Guo Liang. Soon, Guo Liang found that Fang Qingli had been living with other men for a long time and terminated her relationship with the woman.
In April 2021, the woman registered her marriage with others, and in June of the same year, the woman officially moved into the house she shared with Guo Liang with her parents after the new marriage. In December of the same year, Guo Liang called the police to say that the woman had cheated on the marriage, and the police suggested that she file a lawsuit with the court. After mediation by the court, the woman returned Guo Liang's 80,000 yuan house payment, and the house belonged to the woman.
So, how to evaluate this matter from a legal point of view?
The relationship between Guo Liang and Fang Qingli was cohabiting, because neither of them was married at the time, so the law did not adjust the cohabitation relationship between them. However, the two not only lived together, but also bought a house together during the period of cohabitation, so Guo Liang's lawsuit would be accepted by the court.
Non-marital cohabitation does not have legal effect, it is merely a fact. Therefore, if a party only sues for the termination of the cohabitation relationship, the people's court will not accept it. However, if an economic dispute arises between a man and a woman in cohabitation, it is still essentially a property dispute, which should be accepted by the court, and if mediation fails, it shall be handled in accordance with the general common property.
Does Fang Qingli constitute a fraudulent marriage? This is not easy to generalize. The so-called fraudulent marriage refers to defrauding the other party's property in the name of marriage, and in fact never considering marrying the other party. Where the amount of money is defrauded, it is suspected of constituting the crime of fraud. #Ganzhou Headline# #Jiangxi#
Pursuant to article 266 of the Criminal Law, whoever defrauds public or private property of a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined individually; Whoever has a huge amount or has other serious circumstances shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years. Where public or private property is defrauded of between 30,000 yuan and 100,000 yuan, it shall be deemed to be a "huge amount".
In this case, it is necessary to combine Fang Qingli's subjective purpose and objective performance to judge. If from the very beginning she wanted to deceive Guo Liang into buying a house for her and did not intend to return it, it constituted a fraudulent marriage. If she also wanted to marry Guo Liang at first, but only later met a man she liked more, and did not have the intention of not returning Guo Liang's money, it would not constitute a fraudulent marriage.
Can Guo Liang still get back small amounts such as "520" that Guo Liang usually transferred to Fang Qingli? It's difficult. The act of giving each other gifts or giving a certain amount of money during the relationship in order to cultivate feelings is usually considered to be of a gift nature. Since the gift has actually been fulfilled, it cannot be revoked in principle.
Fang Qingli lived with other men on her back, and there was no problem of cheating, but an immoral act of stepping on two boats. Fang Qingli did not pay back the house, but also married other men in the marriage room purchased by Guo Liang, which was really inappropriate. For Guo Liang, he should eat a piece of food and grow a wisdom: love needs to be cautious, and gifts should be rational. What do you think about this?
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