Love to the end
A paper agreement between the husband and wife
ended his marriage for many years in a hurry
At the same time, a joint debt is agreed
to be borne by one party
Creditor:
Wait! What about the money I lent out? It's also flooded?
as a creditor
Is it possible to ask both spouses to share the responsibility?
Brief facts of the case
Defendants Xu and Yu were originally husband and wife
Married in 2015
In 2018, the two proposed to borrow 100,000 yuan from the plaintiff Zhang Moumou on the grounds that the child used money for schooling, and the two parties agreed that the loan period was one year.
After that, the plaintiff repeatedly demanded a loan
However, the defendants refused to repay the loan
It was also ascertained that defendants Xu and Yu divorced through court mediation on May 6, 2020.
At the time of divorce, the parties agreed that the joint debt of 2,000,000 yuan was due to a certain burden. Regarding the repayment of Zhang's debt, the two parties failed to seek Zhang's consent when they divorced.
Heard by the courts
The loan in this case occurred during the existence of the marital relationship between Xu and Yu, and the two claimed that the loan was used for their children's schooling, so the debt involved in the case should be recognized as a joint debt of the husband and wife. Xu and Yu's failure to repay the loan in a timely manner after the expiration of the loan period is a breach of contract and should bear civil liability.
The defendant Xu defended with the agreement in the civil mediation document of the divorce dispute between him and Yu that "the joint debt is 2,000,000 yuan, due to a certain burden", as the basis for exempting him from the responsibility for repaying the debts involved in the case. However, in fact, the divorce agreement on the treatment of the joint debts of the husband and wife is only binding on the divorced parties and cannot be used against the third party, otherwise the legitimate rights of the third party will be damaged, that is to say, the creditor Zhang Moumou still has the right to claim rights against Xu and Yu.
Therefore, Xu's argument that the debt should be fully borne by a certain person is not established and is not supported. Zhang's litigation request for Xu and Yu to repay the loan is based on law and should be supported.
What the judge said
The husband and wife shall be liable for the repayment of the joint debts during the subsistence of the marital relationship, and such liability shall not be transferred by the division of the marital property in the divorce agreement or the judgment of the people's court. If, after the dissolution of the marital relationship, the creditor claims rights against the debtor and his or her spouse on the grounds of joint debts owed by the husband and wife during the existence of the marital relationship, the debtor and his or her spouse shall not use the divorce agreement or the judgment of the people's court as a defense for refusing to bear the liability for repayment.
Links to legal provisions
Paragraph 1 of Article 164 of the Civil Code of the People's Republic of China stipulates that debts borne by the husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the subsequent recognition of the common intention, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.
Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1) Article 35, Paragraph 1 stipulates that if the divorce agreement of the parties or the effective judgment, ruling or mediation document of the people's court has already dealt with the issue of the division of marital property, the creditor still has the right to claim rights against both the man and the woman in respect of the joint debts of the husband and wife.
Source: Fayinji