Before a man cheated on the house donation found that the child was not biological, and then the wife sued for a huge donation of money, the existing three regeneration of a daughter to ask for 18 years of maintenance.
Recently, the Shenzhen court accepted a number of civil dispute cases caused by a man suing each other with his wife and a third party, involving many legal issues in the Civil Code on the fidelity obligation of husband and wife, the determination of contract validity, and the standard of payment of maintenance.
The husband cheated on a third party who donated a house, and after being sued, he found that the child he had raised for many years was not biological
Xie Mou (husband) and Zheng Mou (wife) have been registered for marriage for more than 30 years. Seeking excitement, he met Wan Mou outside and secretly developed a relationship with him. In April 2012, Wan gave birth to a daughter, claiming that the girl was Xie's biological daughter, and therefore demanded money from her. In 2018, Xie transferred more than one million yuan to Wan to buy real estate. After Wan selected a property in Hunan, he immediately bought it in full and registered it in his and his daughter's name.
In December 2020, after Zheng obtained the evidence, he sued Xie, Wan and their daughter to the court, demanding that the three return all the purchase price of more than 1.11 million yuan and interest of more than 120,000 yuan.
However, the results of the paternity test between Xie and the daughter showed that the daughter and Xie did not have a parent-child relationship. Wan deliberately concealed the child's biological father, and Xie did not know this fact until his original wife Zheng sued.
In January 2021, the plaintiff and the defendant reached a mediation agreement under the auspices of the Longhua Court, and jointly agreed that Wan and his daughter would transfer the property purchased by the above money to Zheng.
Accordingly, the first civil case caused by Xie's derailment was concluded.
"In love" with a third party for more than ten years, the man donated more than 5 million yuan
In March 2021, Zheng filed a second civil case with the Longhua Court to confirm the invalidity of the contract, requiring Wan and his daughter to return the property based on Xie's gift totaling more than RMB5.47 million and the interest on the occupation of funds of more than RMB1.81 million.
In August 2021, the Longhua court rendered a first-instance civil judgment, confirming that Xie was invalid in the gift contract between Wan and his daughter, and ordered the above three to jointly return more than 5.47 million yuan to Zheng.
It is understood that none of the three have appealed since then, and the above-mentioned judgment is now in effect. Zheng has applied for compulsory enforcement, and the case is still under further enforcement.
The third person regenerated a daughter and demanded more than six million yuan in maintenance from the man
In June 2021, Wan gave birth to his youngest daughter. In October of the same year, Wan filed a maintenance dispute case, requiring Xie to pay a one-time maintenance fee of 6.48 million yuan to his daughter (young daughter) born out of wedlock for 18 years, and to pay education expenses and medical expenses according to the actual expenses incurred.
Wan believes that the younger daughter is the daughter of him and Xie who gave birth out of wedlock and is still in early childhood, and urgently needs a large amount of living expenses, and he has no source of income because he takes care of his daughter, so xie should bear the above-mentioned maintenance expenses.
At present, the court has accepted the case in accordance with the law, and in the case that the mediation between the two parties is ineffective, it is planned to arrange for the trial of the case in February 2022. At this point, the third civil case caused by Xie's extramarital affair is still continuing.
Lawyer reminds everyone
Where the wife does not approve, the man's act of giving to a third party is null and void in the first place
The above-mentioned cases involve many legal issues in the Civil Code on the fidelity obligations of husband and wife, the determination of the validity of contracts, and the payment standards for maintenance.
Judicial interpretations on the invalidity of gift contracts
Articles 153, 155, 157 and other provisions of the Civil Code of the People's Republic of China stipulate that civil juristic acts that violate mandatory legal provisions or violate public order and good customs are invalid from the outset, are not legally binding on the parties, and the property acquired by the parties as a result of such acts shall be returned.
In this case, the husband Xie Mou, in the case of having a legal spouse, still maintained an improper male-female relationship with a third party, violating social order and good customs, and also donated a large amount of property to the third party and the eldest daughter free of charge based on the above-mentioned improper male-female relationship, which is even more in violation of the legal provisions of the Civil Code on the joint property of the husband and wife, so his act of privately donating a large amount of money to a third party is an improper disposition of the couple's common property, and in the case of the wife's approval, his gift is invalid from the beginning. Therefore, the court of first instance ruled that it was legal, reasonable and reasonable for the third party to return the above-mentioned funds.
On the determination of maintenance
According to Articles 1067 and 1071 of the Civil Code of the People's Republic of China and Article 42 of the Interpretation of the Supreme People's Court on the Application<中华人民共和国民法典> of the Marriage and Family Code (I), children born out of wedlock enjoy the same rights as children born in wedlock, and the biological father or birth mother who does not directly raise a child born out of wedlock shall bear the maintenance of a minor child born out of wedlock, and the amount of maintenance fees may be based on the actual needs of the children. The affordability of both parents and the actual standard of living in the local area are determined, and can generally be paid in the proportion of 20% to 30% of their total monthly income.
The lawyer summarizes it below
In this case, if the third party has sufficient evidence to prove that the younger daughter is Xie's biological daughter, no organization or individual may endanger or discriminate against it, its claim for maintenance should be supported by law, Xie should pay him maintenance in accordance with the law, if he has no fixed income, the amount of maintenance can be determined according to the total income of the year or the average income of the same industry with reference to the above proportion, and if there are special circumstances, the above proportion can also be appropriately increased or reduced.
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