It is said that men are afraid of entering the wrong line of work, and women are afraid of marrying the wrong man, and as a marriage lawyer, I have seen too many frivolities in marriage and are calculating.
Many young people get married, have not yet started their careers, and in order to maintain a small family, their parents will also give some financial care in life. But is the funding of hundreds of thousands, millions, or even tens of millions of dollars counted as a gift from parents to the younger couple or a loan within marriage? And how to define it? #上海离婚律师梁聪
I have received such a consultation before, the heroine has a good family since she was a child, but the marriage partner she is looking for basically has no money. But fortunately, the man also has some ability, and after a few years, he has improved his career, but at the same time, he also gave birth to the idea of starting his own business to make money. As the heroine is definitely supportive, but the start-up capital is not a star and a half, so I mobilize the heroine to borrow money from her parents, count it as an investment, and return it when she earns money! In this way, the woman's parents invested millions in the man. #深圳离婚律师梁聪
As time passed, the man's business gradually got on track, and it was at this time that the man suddenly filed for divorce from the woman. Divorce certainly involves the division of matrimonial property. When the woman mentioned the millions invested by her parents for the man, the man pretended to be full of money, not mentioning that the investment was a loan, but kept saying that it was a gift from her parents, you must know that the gift does not need to be repaid! #杭州离婚律师梁聪
At this time, some people may also say, isn't the man having a company, and the company also makes money? Then the money earned by the company can also be half of one person, yes, but although the node man's company at that time was on the right track, it was actually just getting up, and the real money was far from the money it was originally invested.
I want to tell you through the above case that if you determine that a large amount of assets are borrowed from your parents, you must make an IOU and do not worry too much about emotional factors, because people's hearts are too easy to change.
Also remember to have your spouse sign their name, this is very important! If only your name is signed, the man can argue that this is the collusion between you and your parents, and the IOU is also added after the fact, and it was originally said that it was a gift, but the court is where the evidence is told, and you claim that the money is a loan, you have to have evidence, don't you? Whoever claims the facts, who has to prove it! What will you do then? The teeth of psychological hatred itch, but there is no way to take him, how much to hold back! #北京离婚律师梁聪
Of course, there is also an after-the-fact remedy, you record when communicating with the man, guide him to clarify the loan, but this success rate is not 100%, and the man who encounters the alert is likely to recognize your measurement. So the best way is to write an IOU as I said earlier.
Finally, if you have any other legal questions, you can consult me by private message!
The author of this article: Assistant Xu of Liang Cong's legal team