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The sub-center edition of Beiqing Community Daily has opened the [Xiaoqing Public Interest Legal Services] public interest law popularization column, welcome citizens and friends to submit their own legal problems, we will invite professional lawyers to answer questions and analyze typical cases, to provide legal reference for everyone, so stay tuned!
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Issue 51
Ms. Chen, a resident of Tongzhou, has been married for less than 2 years and found out that her husband, Mr. Wang, was cheating. Later, it was found that Mr. Wang often transferred 520 yuan, 1,314 yuan and other different amounts to Ms. Xiao, or bought gifts for Ms. Xiao. The money for transferring money and buying gifts totaled 40,000 yuan.
Ms. Chan would like to consult:
1. As the original partner, can I sue Ms. Xiao to recover the money?
2. What evidence may be involved in the prosecution?
3. What is included in the joint property of husband and wife?
This column invites lawyer Wu Zhuozhuo of Beijing Huixiang Law Firm, lawyer Gao Ming of Beijing Huixiang Law Firm, lawyer Yu Xiaonan of Beijing Derun Law Firm, and interns Tang Chunfeng and Li Bingbing to give legal interpretations on related topics for readers' reference.
As the original partner, can I sue Ms. Xiao to recover the money?
If, as Ms. Chen argues, the husband does continue to have an improper relationship with another person during the existence of the marital relationship, then it is a clear violation of Article 1043, Paragraph 2 of the Civil Code of the People's Republic of China, which stipulates that "husband and wife shall be faithful to each other, respect each other, and care for each other". At the same time, it also violates public order and good customs.
Then, in addition to the agreement between the husband and wife to implement the separate property system, the act of donating the joint property of the husband and wife to another person based on such an improper relationship between a man and a woman is likely to be invalid by the court.
This view is also reflected in the judgments of the Beijing trial cases.
The trial case is similar to Ms. Chen's experience, where the spouse continued to transfer money to the extramarital partner during the marriage, and the other party demanded a return. The court ruled that the transfer was invalid, and the payee returned the full amount within a time limit. The Court stated this in the case as follows:
Civil entities engaging in civil activities must not violate the law or violate public order and good customs. During the existence of the marital relationship, unless the husband and wife agree to implement the separate property system, the husband and wife jointly enjoy the ownership of the joint property without any share, and the important decision on the disposition of the joint property of the husband and wife requires both parties to negotiate on an equal footing and reach a consensus, and neither of the husband and wife has the right to dispose of the joint property of the husband and wife separately except for the needs of living together. The salaries, bonuses and remuneration for services rendered by the husband and wife are the joint property of the husband and wife.
However, Pang Moumou claimed that he did not know Li Moumou's marital status during this long period of time, which is obviously inconsistent with common sense, and for Pang Moumou to maintain a long-term improper relationship with Li Moumou while still maintaining a long-term improper relationship with him while knowing that Li Moumou had a spouse, and accepting a gift from Li Moumou, his subjective intention was not goodwill, and the behavior of Li Moumou and Pang Moumou seriously harmed Jing Moumou's lawful rights and interests, and also violated Article 8 of the Civil Code of the People's Republic of China, which states that "civil entities engaged in civil activities shall not violate the law or violate public order and good customs" The legal principle is contrary to the core values of socialism, so the gift should be invalid.
(From Beijing No. 3 Intermediate People's Court (2023)
Jing 03 Min Zhong No. 2315 Civil Judgment)
The case database of the people's courts is a unified judgment and further refines the gist of the adjudication:
Husband and wife owe a duty of loyalty to each other, and both parties have equal rights to dispose of the joint property of the husband and wife. Where one party donates the joint property of the husband and wife to a third party outside of marriage without the consent of the spouse, the gift contract is invalid;
(Quoted from: People's Court Case No. 2023-07-2-076-016)
What evidence may be involved in the prosecution?
First, the marriage certificate, which proves the duration of the marriage relationship.
Second, the transfer slips, shopping invoices, etc., prove the amount involved in the case, and prove that one party continued to transfer money to a specific third party during the marriage, and the transfer amount is 520, 1314, and other amounts with specific meanings;
If possible, it is also recommended that the parties prepare evidence of their spouse's cheating, such as WeChat chat records, evidence of cohabitation, and house opening records.
What is included in community property?
1. Common property
According to Article 1062 of the Civil Code, "the following property acquired by a husband and wife during the existence of a marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife. ”
(1) Wages, bonuses, and remuneration for labor services;
(2) Income from production, operation and investment;
(3) the proceeds of intellectual property rights;
(4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law;
(5) Other property that shall be jointly owned.
2. Non-common property
Article 1063 of the Civil Code
The following property is the personal property of one of the spouses:
(1) One party's premarital property;
(2) Compensation or compensation received by one party for personal injury;
(3) Property that is determined in a will or gift contract to belong to only one party;
(4) Daily necessities for the exclusive use of one side;
(5) Other property that shall belong to one party.
Article 1065 of the Civil Code
The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
statement
The above is for readers' reference only. The views in this article do not represent any final legal opinion, because the relevant information comes from the reader's unilateral description, this article only explains the relevant legal provisions from the perspective of public interest law popularization, and does not represent any legally effective determination opinion, does not represent any final legal conclusion, and cannot be used as the basis for determining the outcome of the case。
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