Helped his cohabiting girlfriend to renovate the house and sued for renovation after breaking up
After a stalemate for 3 years, through court mediation, Mr. Chen finally got back 45,000 yuan of renovation money from his ex-girlfriend.
This money was spent by Mr. Chen asking a friend to decorate the house for the woman during their relationship and living together.
Mr. Chen is from Nanchong, Sichuan. At the beginning of 2018, he met and established a romantic relationship with Ms. Yang after being introduced. Two months later, the two decided to live together.
After that, Mr. Chen paid for a friend to help decorate Ms. Yang’s house.
However, during the house renovation process, the two people had multiple disputes due to their disagreements, and the latter two decided to break up.
But when the two broke up, the house had completed the basic renovation. Mr. Chen asked Ms. Yang to return tens of thousands of yuan for the renovation, but Ms. Yang was unwilling. She believed that the other party voluntarily renovated her house and did not finish the house, nor did she live in it. To benefit, you should not give money.
Since 2018, the two have been in constant disputes over this matter.
In desperation, Mr. Chen sued his ex-girlfriend, Ms. Yang, to the People's Court of Shunqing District, Nanchong City.
According to Li Ying, the officer of this case, the attitudes of both parties were very tough at the beginning and were unwilling to make concessions. As the number of mediations increased, the attitudes of both parties eased.
On April 10, 2021, the two parties finally reached a mediation agreement, and Ms. Yang paid Mr. Chen 45,000 yuan for decoration on the spot.
On April 18, Li Ying told reporters that for both parties who are cohabiting in love, the economics should be handled clearly, because economic problems are likely to affect the relationship between the two parties.
In this case, in fact, both men and women were not very calm when they got along at first, and the time between the two was very short. The man spent money on the decoration, and did not agree on the specific details, which led to disputes in the later stage.
In this regard, Lawyer Lin Xiaoming, a partner of Sichuan Yishang Law Firm, believes that in this case, the man's money for decoration is a gift, which is a conditional gift.
When the relationship between the two parties is disagreeable and the attached conditions cannot be fulfilled, the man can withdraw the gift and require the woman to return the corresponding money.
From the current situation, mediation between the two parties should be the most feasible and best solution.
Wang Zishi, a lawyer from Sichuan Shouli Law Firm, said that in this case, during the cohabitation period of both men and women, whether Mr. Chen asked a friend to decorate the house for his ex-girlfriend, whether it was a gift or a conditional gift should be determined based on the evidence provided by both parties.
The "Civil Code" stipulates the statutory revocation right of the donor and its exercise period, and clarifies the legal consequences of revocation of the gift. Therefore, under normal circumstances, for a gift that has been delivered, the request to cancel or return the gifted property requires statutory or agreed circumstances.
Combining this case, it depends on what evidence both parties hold. If the evidence held by both parties is not sufficient, it is also the best choice to close the case through court mediation.
Li Jianhua Chengdu Commercial Daily-Red Star News Reporter Wang Chao