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Shanghai Appeals Court Upholds Repayment Order Over Nearly 20 Million Yuan in Marital Funds

The decision holds that large transfers of marital assets without spousal consent are invalid.

Overview

  • Shen discovered after husband Jin’s death in May 2022 that he had a long-term affair and had moved more than 19 million yuan to a woman surnamed Tao since 2015.
  • Shen and her children sued to invalidate the transfers as unauthorized gifts of marital property.
  • The trial court ruled for Shen, finding the gifts unlawful and ordering repayment after accounting for prior partial returns.
  • The court noted Tao had already returned 5.4 million yuan to Jin before his death and ordered roughly 14 million yuan repaid to Shen.
  • Tao’s appeal was rejected by the Shanghai First Intermediate People’s Court, which cited infringement of the wife’s financial rights and violations of public morals.