Valentine's Day reminder: Don't go overboard expressing love, gifts are hard to reclaim

[4] Compiled from: Red Star News
 
On February 14, as in previous years, the maximum amount for WeChat red envelopes was adjusted from 200 yuan to 520 yuan. Since “520” sounds like “I love you” in Chinese, it has become a way for lovers to express their affection. However, once a couple breaks up, can this type of red envelope with a special amount be recovered after the breakup?

 
 

Case review
Mr. Liu, in his thirties, is a native of Panzhihua, Sichuan. At the end of 2021, through a friend’s introduction, Mr. Liu, who was divorced, met Ms. Zhou, who was also divorced. As their relationship deepened, the two established a romantic relationship. Mr. Liu pursued the relationship with Ms. Zhou with the intention of marriage, and to express his affection, he even sent Ms. Zhou several thousand yuan in WeChat red envelopes.

 
 

"She told me she had bought an apartment herself, so she asked me to pay for the furniture." Within four months of dating, Mr. Liu transferred a total of more than 60,000 yuan for furniture in the new apartment, clothing purchases, red envelopes, and other expenses. After the Spring Festival last year, the two had a conflict, and Ms. Zhou blocked Mr. Liu on WeChat. On February 14 last year, Ms. Zhou removed Mr. Liu from her WeChat blacklist and asked him to send her a red envelope. Mr. Liu sent a 52-yuan red envelope. Ms. Zhou complained that the amount was too small and even showed off gifts from other people. At that point, Mr. Liu felt that his feelings had been deceived, and the two went their separate ways.
 
After the breakup, Mr. Liu demanded that Ms. Zhou repay the money, and the dispute even escalated to the police station, where mediation between the two parties failed. Upon trial, the court determined at its discretion that over 37,000 yuan constituted gifts exceeding ordinary social interactions, while other expenses such as WeChat red envelopes and clothing purchases were deemed by the court to be general gifts or shared consumption expenditures made by Mr. Liu to win favor or enhance the relationship, and therefore should not be returned.
 
The court of first instance ruled that Ms. Zhou should return 30,000 yuan to Mr. Liu. Ms. Zhou refused to accept the judgment. Recently, through mediation by the court of second instance, Ms. Zhou voluntarily paid Mr. Liu 18,000 yuan.
 
 
The [1] The People's Republic of China Civil Code
Article 657
A gift contract is a contract in which the donor gives their property to the donee gratuitously, and the donee expresses acceptance of the gift.

 
 

 
[1] The author's perspective
During a romantic relationship, it is common for couples to transfer money or send red packets to each other to strengthen their bond. However, for transfers with special meanings such as “520” and “1314”, absent any clear explanation, they are usually regarded as gifts between partners to express affection. They are very likely to be treated as gifts, and even after a breakup, it is difficult to revoke the gift or demand its return. The same principle applies to red packets with a clear gift purpose. In legal terms, this is a gratuitous act, and the recipient generally is not obligated to return the money.

It is normal for couples in the honeymoon phase to give each other money or gifts, but for large sums of money or valuable assets, one should maintain necessary sobriety and rationality, and be cautious. In particular, it is important to preserve evidence that confirms the true expression of intent, such as adding notes to explain the actual purpose and intention of the disposition, or retaining relevant original documents (e.g., IOUs, chat records, transfer vouchers), to avoid disputes in the future due to lack of evidence and resulting economic conflicts.