In a landmark ruling that has gotten tongues wagging across the nation and on social media, a Chinese court has ordered the girlfriend of a married man return to 3.79 million yuan (US$560,000) he gave her over 14 years to his legal wife, because the affair is “against public customs”.
Records have it that in China, it is rare for a woman to reclaim assets given to other partners due to a lack of evidence or knowledge of their legal rights.
People’s Court of Zhuanghe in Liaoning, northeastern China, in a document, stated that a woman, surnamed Li, sued another woman identified by the pseudonym Xiaoxia, seeking the return of 3.79 million yuan Li’s husband had given to the woman in 2008.
It was stated that Li and her husband, surnamed Wang, have been married since 1991. Local reports have it that Wang’s extramarital affair came to Li’s attention two years ago when she discovered he had been sending money to Xiaoxia.
The frolicking Wang, while admitting his relationship with the woman, revealed that they have a 10-year-old son. It was stated that in addition to cash payments, he bought properties and a car for her.
In her statement, Xiaoxia told the court she is also a victim and that Wang had lied to her that he was divorced. The embattled woman also said she urged him to marry her and have the union registered officially, but said he kept delaying by using various excuses.
Heroically, the court found that Wang had transferred 1.47 million yuan (US$218,000) to Xiaoxia between 2013 and 2020. Also, he bought her two flats in 2012 and 2014 worth a total of 1.45 million yuan. In 2013, Wang bought her a car for 870,000 yuan.
The court in its ruling said neither party of a marriage can spend the couple’s common property without the other’s consent. It means assets acquired during a marriage belong to both partners. The court also found that Wang had infringed Li’s rights and that his relationship with Xiaoxia goes “against public customs” and is not protected by law.
However, Xiaoxia argued that the money given to her by Wang was used to raise their son, but the court said the case was about ownership of assets and not about child support.
Afterwards, the court ordered Xiaoxia to return the money to Li immediately. However, Xiaoxia has the option to file a separate case and sue Wang for child support to raise their son.
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