During a relationship
Men and women often transfer money and send red envelopes
to show love
When you are in love, the transfer is "you and I are nong"
After the breakup, it became a "post-autumn reckoning"
so
How to determine the nature of the money transferred during the relationship
Can I get it back if I break up?
Recently, the Wuping Court heard a property dispute case and ruled that the woman should return part of the man's property totaling more than 200,000 yuan.
Case review
In March 2021, Luo and Wang met through social software, and then they had a good impression of each other, met and confirmed their relationship. During the relationship, Luo made 157 payments to Wang through transfers, ranging from 4 yuan to 20,000 yuan, and repeatedly asked to register his marriage with Wang, but the other party shirked and did not agree. Therefore, Luo thought that the other party did not have himself in his heart, and proposed to end the relationship in February 2022.
After the breakup, Luo asked Wang to return the transfer money during the relationship between the two parties, but the other party did not agree, so he filed a lawsuit with the Wuping Court.
Heard by the courts
The Wuping Court held that it was in line with human nature for one party to pay for the other party's daily life expenses and take the initiative to give some property in order to express favor or promote the sublimation of feelings. This kind of payment is gratuitous, and generally does not require the party receiving the payment to bear the obligation of reciprocal payment, which is a gift contract in nature. The plaintiff met online and established a romantic relationship. Luo's payment of less than 500 yuan, catering services, and transfers with special significance (such as "520", "1314", etc.) should be a gift, and Luo's request for Wang to repay this part of the property is not supported.
Luo X has repeatedly proposed to Wang to register his marriage, and it can be determined that Luo's payment of a large amount of money to Wang is based on the fact that the relationship between the two parties can continue to develop until marriage is possible, and it is a conditional gift for the purpose of marriage. As a result, after the parties ended their relationship, the conditions for the termination of the gift contract had been fulfilled, and Luo's request for the return of the property was in accordance with the law, and it was decided that Wang would return more than 200,000 yuan to Luo, and the excess part would not be supported.
Luo demanded that Wang pay the interest generated by the loan totaling more than 10,000 yuan, but only provided the transfer voucher between the two parties, and did not provide evidence such as IOUs, receipts, and IOUs to prove the existence of a loan contract relationship between the two parties;
To sum up, the Wuping Court ruled that the woman should return part of the man's property totaling more than 200,000 yuan.
Judge reminds
During a relationship, it is not uncommon for couples to give away money and belongings. In judicial practice, small-value transfers with special meanings, such as "520 yuan" and "1314 yuan", are pure gifts for the purpose of maintaining a relationship, and are generally irrevocable after the end of the relationship between the two parties. For the disposal of large sums of money or valuables, even when you are in love, you should maintain the necessary sobriety and sanity, pay attention to the preservation of true and reliable evidence, make notes to explain the true intention and purpose of the transfer, or keep relevant written documents (such as IOUs, chat records, transfer vouchers, etc.) to avoid financial disputes in the future.