Introduction
Xiaoli After marriage, she voluntarily helped her husband repay the debt owed by her husband before marriage. Because the debt could not be paid off, she was forced to divorce. Now Xiaoli hopes to get back the hundreds of thousands of yuan she paid for her husband, because there is no After signing a loan agreement, can I require my husband to repay the debt that has been paid?
Facts of the case
Xiaoli and her husband had a son after marriage. Their happy life had just begun, but suddenly, her husband told Xiaoli that he had owed a debt of 400,000 yuan before marriage. For the sake of her newborn son and because her husband had a good salary, Xiaoli was willing to repay the debt together with her husband. She also agreed with her husband to borrow tens of thousands of yuan from Xiaoli's parents, hoping to return to normal family life as soon as possible.
Xiaoli, who was full of good intentions, took the initiative to give her meager salary to her husband every month. Unexpectedly, her husband was a white-eyed wolf and used Xiaoli's money to pay off debts. Most of her salary was given to her original family. Five years later, Xiaoli questioned why the debt had not been repaid, and then she learned that her husband's family of origin had great financial problems, and the debt repayment seemed to be a bottomless pit.
The heartbroken Xiaoli chose to end the marriage that was constantly "sucking" her blood. Xiaoli's husband agreed to a divorce, but did not return the money he had asked for from Xiaoli. Xiaoli had no choice but to clarify in the divorce agreement that the debts borne by her husband were personal debts and would be borne by the husband himself after the divorce. At the same time, Xiaoli hopes that the lawyer's advice can help divide the couple's joint debts more.
Felix’s legal views
Xiaoli hopes that her husband can issue an IOU, but her husband does not agree. If she files for divorce, since the fact of the loan relationship cannot be proved, even though there are monthly salary transfer records and WeChat chat records, there is no ideological content to identify the loan relationship. , the court may It is regarded as a debt that one party voluntarily repaid for the other party . If it regrets later and makes a claim for repayment of the debt, the court will not support it. However, it is a debt that is repaid by the other party under coercion or helplessness. For example, the creditor directly finds the small party. Li asked Xiaoli to repay, but Xiaoli had no choice but to repay, so she could ask her husband to repay the debt amount.
Can Xiaoli sue for divorce damages ? Sorry, during the marriage, one party concealed the fact that the other party owed foreign debts, which did not fall into the "other major faults" stipulated in Article 1091 of the Civil Code. Xiaoli could not claim punitive damages from the court.
In this case, Xiaoli did not enter into a prenuptial agreement or a loyalty agreement with her husband. If she had entered into one, could she have avoided the dilemma of not getting back the money to pay off her husband's debt?
According to Marriage Law Judicial Interpretation 2 Article 23: "If a creditor claims rights against the debtor's spouse for the personal debts borne by one party before marriage, the people's court will not support it. However, the creditor can prove that the debts are used for family life after marriage. of division "Except." That is to say, for debts paid by one party before marriage, and the debts paid are not used for family life after marriage, the other party has the right to refuse to repay the creditor, and the other party voluntarily repays it without being forced into difficulties, it should be deemed as A debt that one party voluntarily repays for the other party cannot require the other party to return it afterwards.
This article was originally written by @Felix’s Legal Views . The original article has more than 100,000 words and analyzes the issue of labor rights protection from the perspective of workers.
