Today, if you don't know the risk of finding a business spouse at this moment, maybe a year later, you who originally had unlimited scenery, lived in a villa, and drove a BMW have been identified as having debts of more than one million.
Case source: (2018) Hu 02 Min Zhong No. 4340
Related (2018) Hu 02 Min Zhong No. 4342, (2018) Hu 02 Min Zhong No. 4341, (2018) Hu 02 Min Zhong No. 4343
Brief facts of the case:
Chen Xiaoshuai and Zhang Xiaomei are husband and wife, Xiaoshuai is in business, and claims to have an annual income of one million.
After borrowing money from Shen, Chen Xiaoshuai purchased a shop and a BMW, which were registered in the names of the husband and wife. Chen Xiaoshuai borrowed more than 100 yuan from Shen and did not repay it, and later determined that he owed 1 million yuan through mediation.
Xiaoshuai Xiaomei said that the money for the purchase of BMW came from Xiaomei, but she could not provide evidence.
Later, Shen sued and demanded that the 1 million belonged to the joint debt of the husband and wife, and the court finally determined that the debt
Lawyer Yang Qinren's comments:
If the husband and wife jointly own and benefit from the production and operation income and investment income after marriage, then the husband and wife shall of course be jointly and severally liable for the debts incurred by them for their common life during the existence of the marital relationship, regardless of whether the debts are borne by daily family life or by investment or business, they shall be recognized as joint debts of the husband and wife.
If your husband is in business, once you go into debt, you will also be saddled with half of the debt. If your husband has not made any money since he received the license, that is, he has not enjoyed happiness in the legend, and the debt has come, you still have to bear it together.
This is one of the court decisions, as well as at least three judgments that award joint debts between husband and wife.
The Court is of the view that,
Regarding the loan facts at issue in this case, Shen had filed a lawsuit with the Shanghai Jiading District People's Court in 2017, and the court dealt with it in the effective civil mediation document (2017) Hu 0114 Min Chu No. 1810, and Zhang Xiaomei had no objection to the existence of the loan debt of 1 million yuan between Chen Xiaoshuai and Shen during the trial of this case. As to whether the debts at issue in this case were used for Zhang Xiaomei and Chen Xiaoshuai's husband and wife to live together or jointly produce and operate, and whether they were debts incurred by Chen Xiaoshuai in his personal name for the daily needs of the family, based on the evidence provided by Shen in the second-instance trial and Zhang Xiaomei's statement, it can be determined that after Chen Xiaoshuai borrowed money from Shen on March 2, 2011, the shop in Huaqiao Town, with a construction area of 1,184.18 square meters, was registered in the names of Chen Xiaoshuai and Zhang Xiaomei on September 16, 2011, and a BMW car was purchased after the loan in this case. The amount of the shop purchased by Chen Xiaoshuai in Huaqiao Town was much higher than the amount that Chen Xiaoshuai borrowed from Shen, and Zhang Xiaomei did not provide further evidence to prove the source of the money for the purchase of the shop, nor did Zhang Xiaomei provide any evidence to prove the source of the money for the purchase of the BMW car. Second, according to the enterprise business information inquiry page provided by Shen in the second instance, Chen Xiaoshuai has invested in the establishment and actual operation of a number of companies since 2004, and has served as the legal representative or shareholder of many companies. Zhang Xiaomei also made it clear that after Chen Xiaoshuai married Zhang Xiaomei, he invested in the establishment and operation of a number of companies, and the main source of income for Chen Xiaoshuai and Zhang Xiaomei's family after marriage was the profits of these companies. Now Zhang Xiaomei appealed, arguing that the loan at issue was not actually used for the husband and wife to live together, and may have been used for Chen Xiaoshuai's expansion of business or repayment of external debts arising from the company's operation, and that Zhang Xiaomei was not aware of the debts at issue and should not be jointly and severally liable for repayment. In this regard, this court held that since Zhang Xiaomei and Chen Xiaoshuai jointly owned and benefited from their production and operation income and investment income after marriage, Zhang Xiaomei and Chen Xiaoshuai were of course jointly and severally liable for the debts incurred by them for living together during the existence of their husband and wife relationship, and whether the debts were borne by daily family life or investment and business operations, they should be recognized as joint debts of the husband and wife. The debt of RMB 1 million at issue in this case should be jointly borne and repaid by Zhang Xiaomei and Chen Xiaoshuai. Shen filed a lawsuit in this case, claiming that Zhang Xiaomei was liable for the repayment of Chen Xiaoshuai's debts to Shen, and this court supported it.
