Can Money Transferred Between Lovers Be Recovered After a Breakup?

2024-04-17 711 0人评论

During a romantic relationship, financial transactions such as transfers, red packets, and gifts frequently occur between couples, but after the two parties break up, can these given assets be recovered? Recently, the People's Court of Nanshan District, Shenzhen City, Guangdong Province, tried a gift contract dispute case, determining that the plaintiff's transfers to the defendant were voluntary gifts made by both parties during their relationship, and legally ruled to dismiss all of the plaintiff's claims.

Mr. Li and Ms. Wang began a romantic relationship in September 2020. During the nearly three years of their relationship and cohabitation, the two parties had relatively frequent financial transactions, with transfers to each other. Later, the two parties had a dispute, and the relationship ended.

In October 2023, Mr. Li filed a lawsuit with the court on the grounds that the purpose of marriage was not achieved and that Ms. Wang was unjustly enriched, demanding that Ms. Wang return the more than 614,000 yuan that Mr. Li transferred to Ms. Wang during their relationship and pay interest.

The Nanshan Court, after trial, held that the plaintiff made multiple transfers during the existence of the parties' romantic relationship and due to the needs of their interactions, and the defendant did not obtain benefits without legal basis, so it should be legally determined as a gift contract dispute.

In this case, the parties' romantic relationship lasted for a relatively long time and they lived together and shared their lives. The defendant also made transfers to the plaintiff, and the defendant also provided evidence proving that the funds transferred by the plaintiff to the defendant were used for the parties' joint living expenses, the plaintiff's consumption at the defendant's workplace, and compensation by the plaintiff to the defendant, while the plaintiff failed to fully prove that his transfers to the defendant were gifts conditioned on marriage, and also failed to fully prove the specific purpose of his single large-amount transfers. Therefore, the court, after trial, determined that the plaintiff's transfers to the defendant were voluntary gifts made by both parties during their relationship, and accordingly legally ruled to dismiss all of the plaintiff's claims.

After the judgment was rendered, neither party appealed. The judgment in this case has now taken effect.

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