The husband borrows more than 3 million yuan after divorce the wife wants to repay jointly?

2022-08-02 0 By

According to the Civil Code of The People’s Republic of China, if a husband and wife borrows money from others, will the spouse be liable for repayment?In Guangdong, a divorced couple was sued.During their marriage, the man borrowed more than 3 million yuan from others.The month that signs loan contract, this man dealt with divorce formalities with wife.The man and his ex-wife were sued by creditors to repay more than 3 million yuan in loans and interest.It is reported that the civil Code has made clear provisions on the identification standard of marital joint debt.Not signed according to also need to bear the loan of common life, business in 2018 to July 2019, Yang repeatedly lent money to Feng.In July 2019, Yang mou and Feng mou signed a loan contract, the two sides confirmed that Feng still owes Yang mou loan total 3,085,000 yuan.In the same month, Feng mou and wife Li mou for divorce registration.After signing the loan contract, Feng repaid the loan principal of 50,000 yuan to Yang.After feng does not repay money, Yang sues to the court, asking Feng and Li to repay the loan principal of 3,035 million yuan and the corresponding interest.The first-instance court believed that Yang mou held a loan contract signed with Feng mou, the content is clear, complete form, can be used as evidence to determine the fact, combined with the bank transfer voucher submitted by Yang Mou, can be determined that there is a private lending relationship between Yang mou and Feng Mou.About Feng Mou ex-wife’s responsibility, the first-instance court thinks, because of the loan amount is huge, significantly more than needed for daily life, Yang is not evidence to prove that borrowed for Feng Mou and his wife live together, common production and business operation or based on their common intention, so that case involved borrowing Feng Mou ex-wife should not bear joint liability payments.After the verdict of the first instance, the lender Yang refused to accept the judgment of the first instance on the responsibility of feng’s ex-wife, filed an appeal., said Yang appeal Feng Mou ex-wife in the home, full-time during the marriage with Feng Mou Feng Mou on life source for its economy, commercial housing investment management behavior should be informed on Feng Mou, she enjoy Feng Mou common production obtained at the same time, which should be jointly produced by the production and business operation activities of debt obligation to assume responsibility.Feng mou ex-wife argues, Feng mou borrows money in the name of the individual, she at that time borrows money not knowing, never makes the meaning that borrows money jointly to express, also did not make any form of ratification.Although the funds involved in the case occurred during the existence of their husband and wife relationship, the funds involved in the case obviously exceeded the daily life of the family and the needs of the husband and wife together. Feng’s large amount of money circulating outside was for his personal use, and had nothing to do with himself.Feng mou argues, agree with Yang mou’s appeal.He said that he and his ex-wife from the beginning of the life together until the divorce, the family expenses, income are responsible for his ex-wife, the ex-wife did not work, but its expenditure is greater than the normal normal expenditure, from August 2018 to the divorce before Feng transfers nearly 2 million yuan to Li, so it believes that Li should jointly assume the debt.Final decided that his ex-wife to bear several and joint liability for the debts of the second instance check the funds between both sides, this period Feng Mou directly to li mou transfer amount close to the above, the amount of another, li mou to Feng Mou back more than 10, ten thousand yuan, at the same time, li mou says there are 500000 yuan of investment income for generation Feng Mou to friends, spending the rest of family life, school fees and other fees.The court of second instance considered that during the period of the loan, feng’s ex-wife’s living expenses, married son’s living expenses, tuition fees and other family expenses were mainly from Feng’s investment income, and the amount was relatively large.According to the statement of Feng’s ex-wife, she also needs to transfer the investment income of other friends on behalf of Feng, and turn over its credit card to Feng for capital turnover, the court found that feng’s ex-wife also participated in Feng’s business to a certain extent.Therefore, Yang mou claims that the debt involved in this case is the joint debt of husband and wife, there are facts and legal basis.To this end, the second instance court determined that the loan involved in the case is a joint debt of Feng and Feng’s ex-wife, and Feng’s ex-wife should bear joint liability for the loan involved in the case.Incurred debt needed for family life, belongs to the joint debt handling the judge pointed out that according to the stipulations of article one thousand and sixty-four of the civil code of: “both sides of husband and wife jointly signed or one party after the ratification of husband and wife mutual intention such as debt, and a party in the marriage of husband and wife relationship duration in personal name for family daily life need to incurred debt, belongs to the joint debt.The debts incurred by one party of the husband and wife in his or her own name during the period of marriage in excess of the daily needs of the family shall not be classified as joint debts of the husband and wife;However, unless the creditor can prove that the debt is used for the husband and wife’s joint life, joint production and business operation, or is based on the joint intention of the husband and wife.”In private lending disputes, creditors may require both the husband and wife to sign on loan certificates such as loan ious and loan contracts when lending money, or may require the other party of the husband and wife to confirm and retain relevant evidence after lending money.Otherwise, if the husband and wife are required to assume joint and several repayment liability, according to the principle of “who claims, who provides proof”, the creditor shall provide proof to prove that the money lent is used for the debtor’s husband and wife to live together or produce and operate together. If they cannot provide proof, they shall bear the adverse consequences of failing to provide proof.Source: Guangzhou Daily