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December 8, 2015

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Court backs wife in row over mistress

A WOMAN yesterday successfully appealed against her husband who transferred nearly 2.5 million yuan (US$390,130) to his mistress so that she could buy a house.

The Pudong New Area People’s Court backed the woman, who hauled her husband to court, saying under the marriage act the couple shared the rights to the property.

The mistress refused to pay back the money, forcing the court to seize the property and seal it. But her father, broke the seal and started living in the house.

He was handed a 15-day detention for disturbing legal order.

The 50-year-old married man, surnamed Wang, met and fell in love with a woman surnamed Cao in 2012 with whom he had a daughter.

Wang, who works as a manager at a local foreign trading company, decided to buy a house for Cao and his daughter, and transferred some 2.5 million yuan into Cao’s bank account to buy a house in the Pudong New Area.

But after Wang’s wife, Wu, discovered the affair, she filed a lawsuit and demanded the money back.

The court upheld Wu’s request and ordered Cao to return the money within 10 days, but Cao refused, forcing the court to seal the property.

Under the Chinese marriage law, the earnings and the assets of the husband and wife are jointly owned and they enjoy equal rights in its disposition as well.

If the couple enter into a prenuptial agreement, it must be done in writing.



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