Can the husband 52 times transfer money to lover’s wife recover in full amount?

2022-06-20 0 By

Zhengzhou, China News Network, April 6(Liu Peng, Li Shuyong, Zhao Hongmei) She transferred a total of 180,000 yuan to her lover 52 times in three consecutive years, among which 1314 yuan was transferred on valentine’s Day for three consecutive years to win his favor.So, can the original wife recover the full amount?The Higher People’s Court of Henan Province on Monday issued a verdict on the case of unjustified enrichment recently heard by the shenqiu County Court.The court through the investigation, Liu mou and Ma mou is a couple, the two parties in October 1983 for marriage procedures, after marriage has two sons.In 2018, liu and Zhang met through wechat chat and developed a relationship.From 2019 to 2021, her husband, Surnamed Liu, transferred 52 money transfers to her lover, Surnamed Zhang, by mobile phone, totaling more than 180,000 yuan.Among them, in three consecutive years on February 14, namely during valentine’s Day, the amount of transfer is 1314 yuan, the amount of “1314” obviously has the special meaning of love and pursuit.The court thinks after hearing, the property that husband and wife obtains during marital continuance, it is husband and wife common property, husband and wife common property belongs to husband and wife jointly all, during marital relationship continuance, husband and wife both sides have equal processing right to common property.The act of one party of the husband and wife arbitrarily disposing of the couple’s joint property shall be invalid.In this case, Liu and Ma in the marriage period, the husband Liu without authorization will marital common property gift extramarital affair zhang, its behavior not only violated the husband and wife loyalty obligation, also violated the public order and good customs, violated the wife Ma’s property rights, the gift behavior is invalid.Extramarital affair person Zhang mou knows that Liu mou has a family still maintain improper relations with it, while accepting the man’s property, challenge the moral bottom line, need to condemn, the interests obtained for improper enrichment.Therefore the court judgment zhang mou should be returned in accordance with the law more than 180 thousand yuan of unjust enrichment.At present, this case judgment has been effective.(after)