Hello everyone, I am Zhang Facai of Jianghe Company, today I will not talk to you about my past with Zhen Youcai, and tell you a poignant but not moving love story.
My business territory is getting bigger and bigger, and the noodles are naturally coming up, and some friends have asked me to borrow money! Xin Xiaolei is one of them.
Xin Xiaolei asked me to borrow 800,000 yuan at the beginning of last year, saying that it was used for business turnover and would be repaid in half a year. Boss Zhang stuck a knife in my brother's ribs and lent him money without saying a word. But a year passed, and Xin Xiao Leiti didn't mention the matter of repaying the money, so I took him to court, and the court quickly ruled that he would return the 800,000 yuan with interest.
When I was about to apply for enforcement, I learned that Xin Xiaolei had not had an easy year in the past year. It turned out that not long after I lent him the money, he divorced. I heard that the two of them had been incompatible for several years before their divorce and had been living apart. His wife, oh, ex-wife to be precise, is Zhen Youcai's cousin, called Zhen Meili. When Zhen Meili got married, she believed in Xin Xiaolei's vow of "I am responsible for making money to support the family, and you are responsible for looking beautiful as a flower", became a full-time wife, and gave birth to a daughter. But later, Xin Xiaolei became busier and busier, the couple communicated less and less, and the relationship became weaker and weaker. When they divorced, Xin Xiaolei gave the family house worth 3 million yuan to the woman.
"My wife doesn't know anything about the debt I owe, she didn't have a good life after she married me, I'm sorry for her, divorced daughter with her, I have to leave the house to her." When Xin Xiaolei said this, I understood him, after all, every man hopes that he can make his wife rich and prosperous. But he also has to sympathize with me, the house is all given to Zhen Meili, so what will he take to pay me back?
I held the Civil Code and flipped through it several times, trying to figure out if Xin Xiaolei borrowed money from me during the marriage relationship, so should Zhen Meili pay back with him?
The Civil Code states that debts incurred by a common expression of intent, such as the joint signature of both husband and wife or the subsequent recognition by one of the spouses, as well as debts incurred by one of the spouses in their personal name for the daily needs of the family during the marriage relationship, are joint debts of husband and wife. Debts incurred by one of the spouses during the marriage relationship in their personal name in excess of the daily needs of the family are not joint debts of the husband and wife, unless the creditor can prove that the debts are used for the joint life of the husband and wife, joint production and operation, or based on the common intention of the husband and wife.
The money that Xin Xiaolei borrowed from me is really almost meaningless if it is for the daily needs of their family, and I really can't prove that this money is used for their husband and wife to live together or produce and operate together.
Just when I was at a loss, I saw Article 539 of the Civil Code.
This article stipulates that if the debtor transfers property at an obviously unreasonable low price, transfers another person's property at an obviously unreasonable high price, or provides security for another person's debt, affecting the realization of the creditor's claim, and the debtor's counterparty knows or should have known of the situation, the creditor may request the people's court to cancel the debtor's act.
So I tried to sue Xin Xiaolei and Zhen Meili with a creditor cancellation lawsuit. On the day of the trial, Xin Xiaolei did not come at all. Zhen Meili sat alone across from me. The last time I saw Zhen Meili was at her wedding with Xin Xiaolei, when she was newly married, she looked delicate and weak, and her face was full of happiness in finding a safe haven in life.
"The house belongs to me, but there is also a BMW car for the new Xiaolei. Over the years, I have taken care of the children and the elderly alone. The house also had a bank loan of 900,000 yuan, and after the divorce, I took my children and started looking for a job again, and with the help of my mother's family, I cobbled together to pay off the loan. This loan was originally agreed to be repaid jointly by me and Xin Xiaolei, but now I have repaid it all myself, so Xin Xiaolei still owes me 450,000 yuan. When Zhen Meili made a statement to the court, her words were sonorous, and she was no longer the delicate woman she was back then.
"What about the new little thunderer?"
"I haven't seen him since the divorce. I agreed to give my daughter 8,000 yuan a month for child support, and I haven't paid it for several months. ”
Zhen Meili also found a witness, a staff member of the neighborhood committee, to prove that after several years of marriage, Xin Xiaolei's old mother and daughter have always been taken care of by Zhen Meili.
The court also found that the car was indeed distributed to Xin Xiaolei, with an assessed value of 500,000 yuan; Zhen Meili paid off all the house loans last month.
In the end, the court ruled to deny my request...
The judge told me that when hearing cases like ours, the court will comprehensively judge whether the agreement on the distribution of property between the husband and wife at the time of divorce is reasonable based on the specific circumstances such as the amount of property, the proportion of distribution, and the background of the divorce. On the one hand, a certain property should not be treated separately from other property, but real estate, movable property, deposits, physical assets, etc. should be considered as a whole; On the other hand, the assumption of family affairs by one of the spouses in marriage is also taken into account in the distribution of property.
In this way, the distribution of property between Zhen Meili and Xin Xiaolei is not obviously unbalanced, and the house belongs to Zhen Meili, and it cannot be regarded as Xin Xiaolei giving up property for free. Although I lost the case, I was also convinced, Xin Xiaolei didn't still have a car, and I turned back to provide this clue to the court.
Walking out of the courtroom, I was quite emotional. It is said that women are weak, but mothers are strong. Zhen Meili, who looked weak at the time, has now become a haven for herself and her daughter. People have a ditch in this life, maybe something happens, and it is really only themselves who are their eternal safe haven.
Here, I sincerely wish all female friends can become their own indestructible haven and have a stable and happy life!
Contribution: Beijing Second Intermediate Court
Participants: Li Mengyuan as Zhen Meili
Li Jie as Zhang Fa Cai
Feng Zhaoyan as Xin Xiaolei
Image: Julissa Zhi Yusi
Editor-in-charge: Julissa
Editor: Ding Jie Xiao Fei
Review: Zhang Zhongtao