What is the specific situation of the husband giving 210,000 yuan to a third party to his wife to su

That is, the husband gave 210,000 yuan to a third party without the wife's knowledge, and when the wife found out, she planned to file a lawsuit with her husband and tried to recover the 210,000.

The specific situation is that the wife believes that it is wrong and illegal for the husband to do so, so she will file a lawsuit to recover it, because the money is the joint property of the husband and wife.

The husband's actions are of course illegal, and according to our law, once a man and a woman become husband and wife, the wealth that arises thereafter is considered joint property. Both parties have the right to dispose of joint property, and neither party may give it to another person without permission. If there is such an act, unless the other party agrees, the right to recover the donated property at any time.

In this case, Qiu did not give a huge amount of money to another woman without the consent of his wife Yang, and had an improper relationship with her, which obviously violated public order and good customs, so Yang had the right to demand that the third party return all the grants.

The specifics of this case.

Yang and Qiu registered their marriage in September 2003, and later the two jointly ran a building materials business, which made the family conditions better and better. In November 2017, due to the renovation of the house, Qiu met another single woman, Yin, and soon the two lived together as a couple. In March 2018, Qiu transferred 10,000 yuan to Yin's bank account, and in July of that year, he transferred 10,000 yuan to the other party through WeChat.

Moreover, Qiu also transferred 320,000 yuan to Yin's niece several times, and then Yin was able to withdraw cash through his niece's account for consumption. Later, Yang learned that her husband was teasing and had an improper relationship with other women, and she was very unhappy. then found Yin and asked the other party to quickly break off the relationship with her husband and return all the gifts.

However, Yin felt that the money belonged to his own wealth, and it was given voluntarily by Qiu, and it should not be returned.

really responded to that sentence, a man will become bad as soon as he has money, and it was Yang who used to accompany Qiu to work hard, and I really can't understand why some men in this Que Yuan Hole are so ignorant of Zhi'en Tu. And some women are too shameless, whether they know whether they are single or not, they shouldn't spend their boyfriend's money casually, and the two of you are not married, I really don't know what the purpose of this kind of woman and each other is together.

Of course, it is not a quick gesture. First of all, it is necessary to know that the property itself is not the property of the husband himself. Moreover, it is very reasonable for the wife to sue because it is the joint property of the husband and wife.

This act of the husband is unlawful, and if she and his wife are married, it is joint property, and he has no right to give it to a third party alone.

In this case, the husband's gift to a third party is the joint property of the marriage. Therefore, the husband has no right to dispose of these properties alone, and the wife has the right to ask for them.

My conclusion is that the gift contract is valid, there is no such thing as a disposition without the right to dispose of it, the possession of the money is ownership, and the husband is the person who has the right to dispose of it. If it's a house, it's a different story.

There is never any discussion of bona fide acquisition of money, because there is no question of disposition without authority, and possession is ownership.

If you steal bank money and give it away or buy something, you also have the right to dispose of it, and the third party who receives the money is obtained according to the contract, and the disposer bears tort liability to the bank, and the third party is not responsible for returning it.

When a third party is transferred, unless there is any malicious collusion to harm the interests of the third party as provided for in Article 52 of the Contract Law, the contract is invalid.

Core Points:

1. Is the 300,000 yuan transferred to others a joint property?

2. Is there a legitimate reason to transfer 300,000 yuan to others?

3. If there is no legal reason to transfer money from the joint property of the husband and wife to others, is it with the consent of the co-owner of the property?

4. If the act of disposing of the joint property without the consent of all the owners of the joint property of the husband and wife and only with the consent of only one party is illegal and not protected by law. The unaware party who is not at fault may request the court to make a judgment that the gift or transfer is invalid and to recover the property illegally disposed of by the other party in accordance with law.

There is no statute of limitations for an invalid contract, it is invalid ab initio, and it can be sued at any time. The defendant shall return the property.

The invalidity of the gift is the invalidity of the gift contract, which is a concept. The defendant should be returned. Why did the husband give him property?

If it doesn't work, it will be returned. Otherwise, what are you doing in this lawsuit?

The statute of limitations is that the property can still be recovered within at least 2 years.

Indict. But it doesn't have to happen.

Legal analysis: In the case of one spouse privately donating the joint property of the husband and wife to a "third party", the provisions of the relevant gift contract in the Civil Code of China shall be followed, that is, if the donor has expressed the intention to donate, and the other party indicates that the gift chain is good and the gift has been actually delivered, the gift is valid, and the donor shall not demand return. However, after all, the property donated without permission is the property jointly owned by both parties, and the property rights of the other party have been infringed by the act of giving away the property by one party, and the resulting losses should be compensated by the party who donated the property without permission.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the 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) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Legal Analysis: Recoverable. 1. The act of one of the husband and wife donating property to a third party is an act contrary to public order and good customs, and if it is a third party living together, the cohabitation relationship is illegal.

2. It is necessary to determine the nature of the donated property, whether it belongs to the joint property of the husband and wife or the personal property 3. One of the husband and wife may donate personal property to a third party, but cannot donate the joint property of the husband and wife to a third party without authorization 4. If one of the husband and wife donates the property to a third party, the gift is invalid, because the law violates public order and good customs and even violates the law, and the other spouse has the right to request the third party to return it on the grounds of infringing on the right of common property.

Legal basis: Civil Code of the People's Republic of China

Article 8: Civil entities engaging in civil activities must not violate the law and must not violate public order and good customs.

Article 1062:The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; 2) Income from production, operation and investment; 3) income from intellectual property rights; 4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law; 5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.

Article 1063:The following property is the personal property of one of the husband and wife: (1) the premarital property of one party; (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 153:Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid. However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid.

The wife may not be able to claim the return of property gifted by the husband to a third party. If the property donated by the husband to a third party is the personal property of the husband, then the husband, as the owner, has the right to dispose of his own personal property, and the wife has no right to interfere. If the property donated by the junior is the joint property of the husband and wife, and the husband disposes of it without the consent of the wife, the disposition shall be invalid, and the junior shall return the donated property.

1. How to divide the divorce property.

How to divide the divorce property, different property division methods are different, as follows: 1. The premarital property of the husband or wife is owned by the husband or wife; 2. The joint property of the husband and wife after marriage, including the income earned by the husband and the wife during the marriage, the property inherited and donated by both parties, etc., generally each party holds half of the share. For example, in the divorce of A and B, their personal premarital property belongs to the individual, and both parties have half of the joint property.

Second, if my husband doesn't cooperate, can I sue the junior to recover the money?

China's Civil Code stipulates that the woman can sue the court from the perspective that the donated property is the joint property of the husband and wife to recover the money given to the mistress. The property of the family is the property of the husband and wife, and the husband and wife have equal rights to dispose of it. The junior will be recognized by the law as a malicious third party, and the joint property is donated to the junior free of charge, which seriously damages the woman's property rights and interests, and violates public order and good customs.

The woman has the right to ask the mistress to return, if the mistress does not return it, and the negotiation with him cannot reach an agreement, the woman can sue the court and ask the mistress to return the money.

3. How to divide the joint property of the husband and wife after remarriage.

The joint property of the husband and wife is divided equally, and half of each person is regarded as their respective inheritance property. Next, according to the shortcode husband and wife in the first order of the heirs to start the inheritance, if the wife dies first, a part of the joint property of the husband and wife has been distributed as the wife's personal property before marriage as an inheritance, by the husband, the children born to the previous husband and the children born to the current husband jointly inherited and sold and divided; If the husband dies first, the same applies to the wife, the children born to the previous wife, and the children born to the present wife.

Article 240 of the Civil Code.

The owner shall have the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with law.

Article 241.

The owner has the right to create a usufructuary right and a security interest in his immovable or movable property. The exercise of rights by the usufructuary right holder or security right holder shall not harm the rights and interests of the owner.

Article 242.

The law stipulates that immovable and movable property is exclusively owned by the State, and no organization or individual can acquire ownership.

Of course, it belongs to the joint property of the husband and wife. As long as the husband and wife are married, as long as the money comes after the marriage, it belongs to the joint property of the husband and wife.

The money is the joint property of the husband and wife, so the husband does not have the right to dispose of it alone.

Of course, this money belongs to the joint property of the husband and wife, and the wife also has the right to recover it, and the court also supports the wife's approach, so it shouldn't be cheap.

This money is the joint property of the husband and wife, because the property after the marriage is jointly owned by the husband and wife, and the money belongs to the joint property.