According to the provisions of the Civil Law, husband and wife have equal rights to dispose of the same property, but giving the same property to a third person is not for the needs of family daily life, and you have the right to take back the property. One party's gift to others obviously infringes on the legitimate interests of the other party, so the gift is a revocable gift, and the donee needs to return the donated property.
The lawyer suggests that you can take the following measures for recourse: collect relevant evidence of donated property, including transfer flow, invoices, etc. Secondly, get in touch with the donor, collect chat records and other content, or reach an agreement with him. However, we should pay attention to the limitation of action, and the donor needs to exercise the right of revocation within one year from the date when he knows or should know the reason for revocation.
In addition, if one party is at fault or tries to transfer the joint property of husband and wife, according to the Civil Code implemented this year, the innocent party can not only request the court to let the innocent party divide the property less according to the principle of the innocent party's rights and interests, but also claim compensation for divorce damages from the innocent party according to the general clause of "other major faults". But whether the fault of the wrong party constitutes "other major faults" depends on the judge's free evaluation of the evidence.
Relevant laws and regulations
Article 663 of the Civil Code: In any of the following circumstances, the donor may revoke the gift:
(a) serious infringement of the legitimate rights and interests of the donor or the donor's close relatives;
(two) the donor has the obligation to support and fails to perform;
(3) Failing to perform the obligations stipulated in the gift contract.
The donor's right of revocation shall be exercised within one year from the date when he knows or should know the reason for revocation.
Article 1087: In case of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.
The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.
Article 109 1: In case of divorce under any of the following circumstances, the innocent party has the right to claim damages: (1) Bigamy;
(2) Living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members;
(five) there are other major faults.
Article 1088: If one spouse undertakes more obligations such as raising children, caring for the elderly and assisting the other spouse in work, he has the right to demand compensation from the other spouse at the time of divorce, and the other spouse shall make compensation. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
Article 1092: If one of the spouses conceals, transfers, sells, damages or squanders the joint property of the husband and wife, or forges the joint debt of the husband and wife in an attempt to seize the property of the other spouse, the husband and wife may divide the joint property of the husband and wife with less or no share. After the divorce, if the other party finds the above-mentioned behavior, it may bring a lawsuit to the people's court and request to divide the husband and wife's property again.