Mr. Sun will donate 1.2 million to his lover. After discovering her wife, Ms. Wang, she appealed to the court and asked to confirm that 1.2 million were the joint property of the husband and wife. The gift was invalid and the return of all the grants was supported.

[Case]

After the marriage of Mr. Sun and Ms. Wang, Mr. Sun was sent to Japan for development. During the period, he met with the single Miss Ding, and the two sides developed into a lover relationship. Mr. Sun is very happy for Miss Boddin, and Ms. Wang will send RMB 1.2 million to Ms. Ding for house purchase. When Ms. Wang counted her family deposits, she found that the accounts were wrong. She asked Mr. Sun to know that Mr. Sun was using the joint deposits of Mr. Ding to buy houses. Therefore, Ms. Wang v. the court and asked to confirm that Mr. Sun’s gift was invalid and returned 1.2 million yuan.

[Court trial]

In this case, Mr. Sun did not agree with Ms. Wang on the basis of daily life needs, and gave the large amount of joint property to Ms. Ding for free, which damaged the property rights of Ms. Wang. Therefore, the gift should be Invalid. Husband and wife form a common common to the common property, not shared by share. During the marital relationship, the joint property of the husband and wife should be an indivisible whole, and the husband and wife share the ownership of all the common property regardless of share. In the case, Mr. Sun’s 1.2 million yuan donated to Miss Ding should be returned in full.

[Lawyer Answers]

Mr. Sun, without the consent of her spouse, Ms. Wang, gave the husband and wife a large amount of property to the third party, Miss Ding, who was not entitled to dispose of it. After the gift, she was denied by Ms. Wang. The gift contract should be invalidated and should be returned. The reasons are as follows:

First of all, Mr. Sun’s gift of property belongs to the joint property of the husband and wife.

Secondly, Mr. Sun’s act of disposing of the joint property of the husband and wife does not constitute a family agent, and there is no right to dispose of it.

Furthermore, the effectiveness of the gift contract is pending due to the fact that Mr. Sun has no right to dispose of it.

Finally, Miss Ding’s acquisition of the donated property is not in good faith.