A surviving spouse of the opposite sex within large turn paragraph, what for

The man transferred money to the opposite sex outside of marriage one after another during the marriage relationship. After the divorce, the woman found out. Now the woman has petitioned the court to request the opposite sex to return all the money to herself. Will the court support it?

Judgment Summary

The husband or wife does not need to make important decisions about the joint property of the husband and wife due to the needs of daily life. The husband and wife should negotiate on an equal footing and reach a consensus.The act of one of the spouses privately donating large sums of money from the common property of the husband and wife to the opposite sex outside of marriage is obviously not due to the daily needs of the husband and wife. This behavior obviously violates the property rights and interests of the spouse, and also violates the principles of public order and good customs that should be followed in civil activities. Therefore, the gift should beThe behavior is invalid.Although the husband and wife are now divorced, this situation does not affect the fact that they can still share property. If the relevant parties do not apply for division, the corresponding money should be restored to its original state and returned in full.

Civil Code of the People's Republic of China

Article 153 Civil legal acts that violate the mandatory provisions of laws and administrative regulations are invalid.However, unless the mandatory provision does not make the civil legal act invalid.

Civil legal acts that violate public order and good customs are invalid.

Article 157 After a civil juristic act is invalid, revoked, or determined not to take effect, the property acquired by the actor due to the act shall be returned; if it cannot be returned or it is unnecessary to return, it shall be compensated at a reduced price.The party at fault shall compensate the other party for the losses suffered thereby; if both parties are at fault, they shall each bear corresponding responsibilities.If the law provides otherwise, such provisions shall be followed.

Civil subjects engaged in civil activities must not violate the law or violate public order and good customs.Unless otherwise stipulated by law or otherwise agreed by the husband and wife, the property acquired during the existence of the marital relationship between husband and wife shall be the joint property of the husband and wife.