Taiwan Strait net on September 25 dispatch (Chen Jie of channel gazette reporter announce of reporter lake law / article Tao Xiaomo / caricature) the husband is off the rails before the divorce, still send " small 3 " 200520 yuan. After the divorce, can be ex-wife still gotten back come?
Recently, ms. Lin tells former husband and a third party in the shape after the divorce, she is sued criticise former husband is betrayed not only, off the rails, still send a lot of money to give during relation of marriage of husband and wife puts add " small 3 " , accordingly, court of Ms. Lin requirement is sentenced your a third party returns 200520 yuan when return former husband to give. In process of front courtyard careful, station of choice of former husband old king is advanced wife this at the same time, he expresses, these 200 thousand yuan turn Zhang should put in him 's charge really ex-wife is all.
Ex-wife indictment tells a third party after the divorce
Marry 20 old hind, ms. Lin and old Wang Yu divorced in Feburary 2017. The burst of their marriage, with off the rails about, there was an affair during because Laowang is in,marital relation puts add. Ms. Lin returns discovery, the husband ever was divided second to luxuriant and beautiful of a third party (alias) turn Zhang, part donative a third party 200 thousand yuan, 520 yuan.
Recently, ms. Lin after the divorce sues Laowang, luxuriant and beautiful to the court, request court affirms Laowang and the donative behavior between luxuriant and beautiful are invalid, luxuriant and beautiful should be returned return 200520 yuan to reach accrual.
Recount since Ms. Lin, laowang and luxuriant and beautiful are acquainted 2015, development of after this both sides concerns for shocking men and women. During two donative money happen at Ms. Lin and relation of old king marriage to put add. Ms. Lin thinks, during marital relation puts add, because daily life needs,be not, laowang agrees without its, privately employs husband and wife big bank savings is donative luxuriant and beautiful, serious enroach on her mutual belongings counterpoises.
Ms. Lin still says, this are donative behavior is based on outside marriage shocking relation, have be contrary to Gong Xuliang common and social morals, collection of luxuriant and beautiful is 200520 yuan " blame kindness is obtained " , because this ought to be returned,return.
Litigate this 200 thousand should return after all?
In front courtyard careful, luxuriant and beautiful does not deny him is a third party, nevertheless she rejoins say, 200 thousand yuan are not donative, however Laowang repays her debt. And, she ever became abortive operation during association, old Wang Chengnuo is compensated.
In addition, luxuriant and beautiful still rejoins say, 200 thousand yuan are old king borrowed, be not husband and wife common property. When the divorce, ms. Lin and old Wang Yi negotiate debt to be assumed severally. Accordingly, luxuriant and beautiful thinks Ms. Lin has no right to hold these 200 thousand yuan of money. Between this controversy, laowang chooses a station finally advanced wife at the same time. Old Wang Cheng admits, oneself and luxuriant and beautiful have shocking concern. Laowang says, 2016, luxuriant and beautiful sees he fails to divorce, coerce with announcing extramarital affair to be to its superior branch, he just paid this 200 thousand yuan act against one's will, in order to appease this matter.
Old Wang Hai says, oneself had lent money without Xiang Feifei, luxuriant and beautiful also did not abort because of be pregnant look for oneself to had wanted money. And, luxuriant and beautiful is married, she is pregnant abortion is not concerned with oneself certainly.
A third party of first instance court decision should be returned still 200 thousand
These 200520 yuan, be donative after all? Should return former husband? Recently, first instance was made adjudicate after the court in the lake is tried.
Forensic cognizance thinks, 200 thousand yuan when cause controversy turn Zhang is big money, belong to husband and wife common property, both sides all has equal punish right. During Laowang is putting add with relation of Ms. Lin marriage, with happening of luxuriant and beautiful shocking men and women concerns, issue donative luxuriant and beautiful in circumstance of Ms. Lin unwitting 200 thousand yuan, because its husband and wife lives jointly,belong to old Wang Fei apparently the disciplinary action of great do sth without authorization that needs pair of common property, not only the belongings that encroached Ms. Lin counterpoises, also have violate Gong Xuliang common and marital ethics, the effectiveness of this behavior cannot give affirm. Additional, luxuriant and beautiful knows perfectly well Laowang to have a mate and accept its donative debt, be not kindness to obtain, ought to return return this money.
Nevertheless, in the light of another 520 yuan turn Zhang, the court thinks, because amount is lesser,wait for a reason, unfavorable hold the decision that makes important processing for common to husband and wife property, because this court decision rejected Ms. Lin,the requirement returns the view that returns these 520 yuan.
Recently, the court in the lake makes first instance adjudicate, the donative contract about 200 thousand yuan is invalid between cognizance Laowang and luxuriant and beautiful, luxuriant and beautiful of a third party of requirement the accused should be returned return Lin Nv person 200 thousand yuan.
Lawyer argument
Does former husband send money to give " small 3 " by what to after ex-wife divorces, get back come?
Fujian from sunshine Lin Minhui of attorney office director's lawyer: If off the rails one party gives belongings to give " small 3 " , the spouse that does not have fault has authority to ask " small 3 " return still suffer give worth.
According to our country " marriage law " wait for relevant law provision, the conjugal one party that should not have fault only is right off the rails square donative behavior does not grant admit posthumously, off the rails square donative behavior violated the interest that just regards belongings as common holder without fault, it is invalid, without fault Fang Youquan asks " small 3 " remand suffer give worth. That is to say, "Small 3 " attribute illegal gain from the money that gets over there the husband, be firsted wife through law the program is gotten back likely at any time.
