Brief facts of the case:
Lu ZB was engaged in the small loan business, and borrowed money in his personal name during the existence of the marital relationship, and the amount was huge.
Lu ZB transferred more than 5 million yuan to Liu Y a year before the divorce. Lu ZB said that if he loves her, he will make money for her.
Later, Lu ZB was unable to repay. The creditor sues the husband and wife for joint debts.
The creditor said that this was a joint debt of the husband and wife and asked Liu Y to bear it together.
Lawyer Yang Qinren's comments,
The legal specification is TXT, and the legal operation is exe. You can't understand TXT, but you have to know EXE.
According to this case, the court found that the joint debts of the husband and wife met the following conditions:
1. The debt exists in the marriage;
2. For the business of the small loan company, both parties have been in operation;
3. The amount of money transferred to his wife is huge (500w), and there is no reasonable reason (note: love cannot be recognized by the court as a reasonable reason for the huge transfer, and the court is so incomprehensible);
Case source: (2022) Zui Gao Fa Min Shen No. 425
The Court held that
Second, on whether Liu Y should bear joint liability for repayment. The original examination showed that the debts incurred by Lu ZB in his personal name during the existence of the marital relationship involved a large amount of debts, a large number of debts, and a long time span, and that Liu Y and Lu ZB purchased huge assets during the existence of the marriage, and that Liu Y admitted that he had previously jointly operated a small loan company with Lu ZB. According to the transaction details of Lu ZB's personal current account of the People's Bank of China involved in the effective (2019) Yun 05 Min Zhong No. 873 civil case, it can be seen that Lu ZB transferred more than 5 million yuan to Liu Y in multiple installments from February 21, 2017 to before the divorce (Lu ZB and Liu Y divorced on September 19, 2018). Accordingly, according to Article 3 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Debts between Husband and Wife, "if one of the husband and wife incurs a debt in his or her own name during the existence of the marital relationship that exceeds the daily needs of the family, and the creditor claims rights on the ground that it is a joint debt of the husband and wife, the people's court shall not support it, unless the creditor can prove that the debt was used for the husband and wife's common life, joint production and operation, or based on the common intention of the husband and wife" The original trial court's determination that the debts involved in the case were the joint debts of Lu ZB and Liu Y, and that Liu Y and Lu ZB were jointly liable for repayment, did not lack basis, and the application of law was not improper. The grounds for the retrial application submitted by Lu ZB and Liu Y that Liu Y should not bear joint liability for repayment are not established.
