Insights

Ningbo was sued to return the gift money how to deal

Ningbo Author：LuXu WANG

Received a complaint, the plaintiff is the other spouse, demanding to return all the money received over the years. In the face of such litigation, panic and hard-shouldering are of no avail, and the nature of the money needs to be sorted out one by one along the legal logic.

Basis of request for 1. of such cases

the plaintiff usually claims the return of the joint property of the husband and wife on the grounds of unauthorized disposal. The logic is: the donor without the consent of the spouse, the common property to others free of charge, belongs to the right to dispose of, the gift should be found invalid, the recipient should be returned.

The core is not entitled to dispose

whether this constitutes an unauthorized disposition depends on whether the money is common property, whether the gift exceeds the needs of daily life, and whether the spouse gives informed consent. The defense focuses on these three points.

Common defences 2. the defense

the directions that can be claimed include: the payment is not a gratuitous gift but a remuneration for labor services, a loan or a cooperative transaction; the amount falls within the scope of daily communication and does not exceed a reasonable limit; the spouse does not object to it in fact; and part of the money has been used for joint consumption and cannot be returned.

Each stroke must be characterized separately

the most common mistake is to treat all payments in general terms. Marking the time, amount, cause and voucher one by one can often strip out a considerable proportion of the part that does not belong to the gift.

Distinction between the nature of 3. payments

daily small transactions and red envelopes for birthday holidays are generally regarded as ordinary human relations. Continuous large transfers, amounts with special meanings, and funds for large expenditures such as the purchase of saloon cars are more likely to be recognized as gifts that exceed daily needs.

Amount and frequency are key indicators

the court usually determines whether the amount is reasonable in the light of the family's income level. Taking the income status of the other family as a reference is an effective defense angle.

Possibly 4. partial return

in practice, there are not only two results: full return and total rejection. It is more common to return the part of the judgment that is beyond the reasonable limit and reject the part that belongs to the normal transaction. The defense could be aimed at narrowing the scope of the return.

Goals to be pragmatic

blindly advocating not returning all, but may not be adopted as a whole due to lack of persuasion. It is often better to admit a part with good reason.

5. special circumstances involving third parties

if the context of the transfer involves extramarital relationships, the court will take into account public order and good morals in its measurement, and the negative evaluation of such gifts is usually clearer and the percentage of return is often higher. In this case, the focus should be on the distinction between payments that are not really gifts.

Don't forget to mention the defense of limitation.

For long-standing payments, it is possible to review whether the statute of limitations has expired. If part of the amount claimed by the plaintiff has exceeded the time limit and the defendant has filed a defense in accordance with the law, that part of the claim may not be supported.

Key directions of 6. evidence preparation

the evidence should be organized around three main lines: first, the nature of the money, the collection of work contacts, IOUs, repayment records, etc. Three lines are prepared at the same time, and the defense has a hierarchy.

1. Informed evidence is often ignored

the record that the spouse has known in the group chat and participated in related activities together can effectively weaken the premise of non-consent, which is the key material that many people miss.

2. Avoid emotional confrontation

this kind of litigation is often accompanied by strong emotional opposition, but the emotional expression in the trial does not produce any legal effect, but it is easy to say what is not conducive to oneself. Putting all your energy on the proof of the reasonableness of the nature and amount of the payment is the only valuable response.

7. case proof

in practice, the court deemed the large transfer of about 360000 yuan beyond the reasonable limit of daily communication as an invalid gift and ordered the return, and did not support the small amount of human relations of about 20000 yuan.

In practice, the defendant in another case presented about 84000 yuan as remuneration for labor services and submitted records of work transactions, which were not recognized as gifts.

In practice, the defendant presented evidence on a case-by-case basis around the nature of the money in court and submitted records of his work transactions, about 40 per cent of which was not recognized by the court as a gift.

8. Risk Alert

  • all sums are generally regarded as a defense of the same nature.
  • The time, amount and cause were not sorted out one by one.
  • Vouchers of services or loan relationships that cannot be provided.
  • Ignore the reference to the income level of the other family.
  • The defense objective is unrealistic resulting in an overall loss of points.

9. FAQ

is it reasonable for spouses to sue for full return?

Depending on the nature of the payment, the court often refunds the part that exceeds the reasonable limit and rejects the rest.

Do small red envelopes also need to be refunded?

Small transactions within the scope of daily human relations are generally not supported for return. According to the provisions on several issues concerning the application of law in the trial of disputes involving betrothal gifts, which was implemented by the Supreme Law in February 2024, small gifts for birthdays and daily consumption expenses do not belong to betrothal gifts, which can be used as a reference to define the scope of human relations.

What is the most effective defense?

Qualitative on a case-by-case basis, distinguishing between loans, remuneration, normal transactions and other non-gift parts.

Involving extramarital relationships has an impact?

There is. Courts will take into account public order and good morals, and the return rate is usually higher.

Do you want to refund the money that was too long ago?

Can review whether the statute of limitations has expired, according to the law to raise a defense, the part may not be supported.

In which direction should the evidence be prepared?

The nature of the payment, the reasonableness of the amount, whether the spouse knows the ratification, the three lines are prepared at the same time.

Practical Experience of 10. Lawyers

after receiving the complaint from the other spouse and demanding to return all the money received, the most taboo thing is to panic and carry it hard, and don't rush to recognize it in full. The basis of such litigation is usually that the donor disposes of the joint property of the husband and wife without authorization, constitutes a disposition without right, and the gift is invalid and should be returned. Your real focus is on three points: whether the money is the joint property of the husband and wife, whether it is a free gift beyond the needs of daily life, and whether the other spouse knows or agrees. Organize the defense around these three points so that the direction will not be scattered.

Common defences include: the payment is not a gratuitous gift, but a remuneration for services, a loan, reasonable consumption or payment for goods; it is not common property in nature; the spouse knows and connives; and it has been used for normal life or has been consumed. The key is to sort out the nature of the money one by one, rather than a general sentence that this is a gift or this is a loan, can be distinguished one by one, often can also win a partial return rather than a full return, the two results are very different. The ins and outs of each sum of money must be able to match. If the nature is not clear, it can only fall in the other party's claims.

Evidence preparation should be done in advance: vouchers for the purpose of the money, records of dealings between the two parties, and materials that can prove the knowledge of the other spouse are the fulcrum of the defense. If special circumstances such as third parties are involved, the assessment should be more cautious, depending on the nature of the payment and the ability of the other party to prove it, and not on the part of the unreasonable hard consumption. In the lawsuit, it is easier to get pragmatic results than to deny by first stabilizing the position, clarifying the facts of each sum of money, and then talking about the scope and proportion of the return. It is not necessarily a good result to be able to negotiate a settlement and control the return within a reasonable range.