Can my husband get back the money he cheated on his lover?

The money that the husband cheated on his lover can be recovered as long as he can provide evidence to prove that it is a gift. According to Article 1062 of the Civil Code, the property such as wages, bonuses, labor remuneration, business income or other economic benefits obtained by husband and wife during the marriage relationship is the common property of husband and wife, which belongs to them, and both husband and wife enjoy equal rights of disposition and enjoyment.

In recent years, there have been many cases about the husband spending money outside to support his lover, and after giving the money to his lover, his original wife asked him to pay back the money or ask him to return the property he gave to his lover.

Not long ago, Chongqing also had such a case. The thing is, Wang Ge is 50 years old and belongs to an immigrant who occupies an area. He doesn't go to work all day. When he is free, he goes to the mahjong hall to play mahjong. Over time, Ms. Zhang, who played mahjong, developed into a lover. This lady Zhang is in her early thirties and looks beautiful. After the divorce, she lives with her nine-year-old daughter, and her ex-husband gives 1000 yuan in support every month. With this month 1000 yuan, Ms. Zhang barely maintained her and her daughter's living expenses. Because she got along well with Wang Ge, she began to ask Wang Ge for money. Wang Ge is also very generous, generally giving four or five thousand yuan. Three years later, Wang Ge gave Ms. Zhang more than 300,000 yuan.

It turns out that Wang Ge didn't go to work, and lived on the demolition money. Over time, his extravagant consumption behavior was discovered by his wife. By tracking her husband's mobile phone, the secret relationship between them was completely revealed. After the story was revealed, Wang Ge had to confess everything in order to save his family.

So later, Mrs. Wang went to court to sue and asked Ms. Zhang to return the 300,000 money donated by Brother Wang in the past three years, and submitted evidence such as bank running bills and WeChat transfer records. After the court held that the money donated by Wang Ge to Ms. Zhang belonged to the joint property of husband and wife, and Wang Ge's behavior of dealing with the joint property of husband and wife without Mrs. Wang's consent violated Mrs. Wang's property rights and interests, so it was an invalid gift, and Ms. Zhang was sentenced to return 300,000 yuan.

For example, in the case of Zhuanghe in Liaoning, Mr. Wang lied to Xiaoxia that he was divorced because he had a wife at home. In fact, he didn't divorce at all, and he had a child with this Xiao Xia. Finally, after the story was revealed, Mr. Wang's wife took Xiao Xia to court and demanded the return of all the donated money and real estate. The court supported Ms. Li's claim and ordered Xiao Xia to return RMB 3.79 million.

Legal knowledge points

1. Husband and wife have property and equal rights.

Article 1062 of the Civil Code clearly stipulates that the economic income of both husband and wife belongs to the same property, and both husband and wife have equal rights to dispose of it, that is, both parties can spend the money. The right of disposition here refers to the usual living expenses, entertainment expenses and medical expenses, but all consumption behaviors belong to the reasonable and legal disposition of the joint property of husband and wife.

Two, under what circumstances can require the division of the joint property of husband and wife.

According to Article 1066 of the Civil Code, during the marriage relationship, that is, without divorce, one of the husband and wife intentionally hides, transfers, sells, damages or squanders the joint property of the husband and wife, or forges the joint debt of the husband and wife to damage the property rights of the other, or one of the husband and wife is sick and needs medical treatment, and the other refuses to pay the medical expenses. In this case, the injured spouse.

Third, it belongs to the husband and wife.

According to article 1064 of the civil code? Terms:

Debt admitted by both husband and wife.

2. During the marriage, one of the spouses borrows money in his own name for the necessary expenses of family daily life.

Fourth, it does not belong to husband and wife debt.

During the existence of the relationship between husband and wife, the debts incurred by one of the husband and wife beyond the necessary expenses of the family do not belong to the same debt of the husband and wife. For example, a husband secretly borrows money to buy stocks behind his wife's back, resulting in a debt of one million. This is not the same debt for husband and wife. Or one of the husband and wife cheated on the other party's extravagant consumption, resulting in huge debts, and it does not belong to the same debt of husband and wife.

As long as there is evidence that the husband is unfaithful to his lover, he can recover it.