It's probably the most bloody plot I've ever seen.
In the past few days, such a story has happened: during the relationship between boyfriend and girlfriend, the man funded the purchase of a house, registered in the woman's name, after the breakup, the man asked the woman to return the purchase price, the woman did not agree, the two parties started a lawsuit, and finally the court ruled that the woman should return part of the money.
Is this story true?Why is this happening?Is such an outcome fair?Today, let's analyze this case and see the reasons and lessons behind it.
First, let's take a look at the basics of this case. According to the announcement of the Shenzhen Intermediate People's Court, the parties to this case are Zhou (male) and Lin (female), who were originally in a relationship. In May 2020, they negotiated the purchase of a commercial house, which was registered in the name of the woman, Lin (female), and Zhou (male) paid the down payment, transfer fee and other payments. In July 2020, Lin (female) resigned from her job and came to Shenzhen from other places to assist Zhou (male) in managing the company, and moved into the house involved in the case with Zhou (male) to live together. In 2021, they had a dispute over trivial matters, and in May of the same year, Lin (female) moved out of the house involved in the case, and they ended their relationship.
Zhou (male) believes that the money he paid is a gift with marriage conditions, and there is no possibility of marriage now, so he asked Lin (female) to return all the money gifted, including the down payment for the house, transfer fees, bank loans, property management fees, furniture payments, as well as Lin (female)'s tuition and car loans. Lin (female) believes that the money paid by Zhou (male) is a gift for the purpose of living together and starting a business, not a gift with marriage conditions, so he refuses to return it.
After trial, the court found that the down payment, transfer fee, tuition fee, car loan, etc. paid by Zhou (male) were gifts with marriage conditions and should be returned in fullBank loans, property management fees, furniture payments, etc., are necessary expenses for couples living together, and should be borne by both parties. In the end, the court ordered the defendant to return the plaintiff's down payment, transfer fees, tuition fees, car loans and other payments, and rejected the plaintiff's other claims, and the judgment has taken effect.
Second, let's take a look at the legal basis and logic of this case. According to Article 158 of the Civil Code of the People's Republic of China, civil juristic acts may be conditional, except where conditions may not be attached according to their nature. Civil juristic acts with conditions for taking effect take effect when the conditions are fulfilled. Civil juristic acts with conditions for rescission shall become invalid when the conditions are fulfilled.
During the relationship, the gift of property between the couple is sometimes accompanied by the conditions of marriage, that is, if the two parties are married, the gift will take effect, and if the parties are not married, the gift will be invalid, and the donor can ask the other party to return the donated property. In this case, the donor must prove that he made the gift for the purpose of marriage and not for any other reason. At the same time, the court will also determine whether to return and the amount to be returned according to the actual situation of both parties, such as the length of the relationship, whether they have children, the use of property, the economic status of both parties, etc.
In this case, the court held that the down payment, transfer fee, tuition fee, car loan, etc., paid by Zhou (male) were all large amounts of property far exceeding his personal income level and consumption level, and Zhou (male) provided evidence that the two parties had a marriage plan, so it was determined that these payments were gifts with marriage conditions and should be returned in full. However, bank loans, property management fees, furniture payments, etc., are all necessary expenses for the two parties to live together, and Zhou (male) also actually lived in the house involved in the case and occupied and used the house, so it was determined that these payments were general gifts and should be borne by both parties.
Finally, let's take a look at the implications and lessons of this case. This case tells us that the gift of property during a relationship is not a simple matter and can cause a lot of trouble and disputes for both parties. Therefore, when you are in love, you should carefully consider whether you want to make a gift of property and whether you want to attach the conditions of marriage. If you want to make a property donation, it is best to have a clear written agreement indicating the purpose, conditions, amount, and method of the gift, so as to avoid disputes in the future. If you don't want to donate property, you should also respect the other party's choice, and don't force or deceive, so as not to hurt the other party's feelings and trust.
Falling in love is a beautiful thing, but it is also necessary to be rational and cautious. We have to manage our feelings with our hearts, and we also have to protect our property. Only in this way can we have true happiness and security.
In the end, I will be verbose, try not to challenge human nature, don't hold the house on behalf of the house, don't make a fuss, the cost of trial and error is too high, and if something goes wrong, ordinary people can't stand it at all.
This kind of case happens almost every year, and I hope that more people can see this case and avoid stepping on the pit again.
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