After the husband embezzled 10,000 yuan from his wife, he made an IOU, and the court: it should be returned after divorce

Nandu News Reporter Zhao Qing Correspondent Liu Ya Debt repayment is a matter of course, but how to calculate the marital loan between husband and wife after divorce? Recently, the Baiyun District People's Court of Guangzhou City disclosed a related case.

Ms. Dong and Mr. Luo registered their marriage on January 28, 2014, and on June 1, 2017, Ms. Dong transferred 430,000 yuan from her account to Mr. Luo's account for the construction of a new house, and Mr. Luo took out 10,000 yuan from the 430,000 yuan and gave it to her son born to his ex-wife for marriage.

Subsequently, Ms. Dong discovered the situation and asked Mr. Luo, who issued an IOU to Ms. Dong on March 5, 2018, stating that she had borrowed Ms. Dong 10,000 yuan and repaid it at that time. On August 30, 2018, Mr. Luo issued another certificate stating that 560,000 yuan, including the above 430,000 yuan, was Ms. Dong's money.

On August 26, 2019, Ms. Dong and Mr. Luo were divorced by the Baiyun Court, and because the above 10,000 yuan had not been disposed of, Ms. Dong sued Mr. Luo in a separate case, demanding that he repay the loan of 10,000 yuan.

Mr. Luo argued that the IOU was forced to be issued under the threat of Ms. Dong and was not his true intention.

The court held that Mr. Luo had withdrawn 10,000 yuan from his account, and the source of the money was judged from the certificate issued by Mr. Luo on August 30, 2018, which Mr. Luo confirmed to be Ms. Dong's personal property.

During the existence of his relationship with Ms. Dong, Mr. Luo voluntarily issued an IOU to Ms. Dong for the 10,000 yuan involved in the use, stating that he had borrowed 10,000 yuan from Ms. Dong and clearly expressing his willingness to repay the loan.

Although Mr. Luo defended that he was forced by Ms. Dong to issue an IOU, he did not submit evidence to support the statement, and his defense was not accepted by this court, if the 10,000 yuan involved in the case was used for building expenses, then It was unreasonable for Mr. Luo to voluntarily issue the 10,000 yuan IOU to Ms. Dong.

In the case that Ms. Dong and Mr. Luo have divorced, the 10,000 yuan involved in the case should be handled in accordance with the ordinary creditor-debtor relationship.

The Baiyun Court of First Instance ruled that Mr. Luo repaid the loan of 10,000 yuan to Ms. Dong, and both parties served the judgment interest lawsuit, and there was no appeal.

The judge said that the Civil Code stipulates that the property acquired by the husband and wife during the existence of the marital relationship is generally owned by the husband and wife, and the husband and wife can agree on the ownership of marital property and pre-marital property. Property owned by one of the spouses, which has been expressly confirmed to be owned by the other spouse, shall be recognized as the personal property of that party.

If, during the marriage relationship, one party borrows the other party's personal property for its own personal affairs, it shall be regarded as an ordinary creditor-debtor relationship, and after the divorce, it may still claim the return of the money from the other party.