I have received a private message from my backstage sister more than once, asking:
I divorced my husband by agreement, agreed that the other party would compensate me 50w, and on the day of the divorce registration after the expiration of the cooling-off period, I received this compensation and got the divorce certificate.
Afterwards, I learned that the 50w was borrowed by the ex-husband from the lover, and now the lover has a falling out with the ex-husband and asks for the return of the 50w, asking if I need to bear this debt?
In this case, there are similar real precedents in the law:
Lin and Wang were originally husband and wife, but after marriage, the conflict between the two deepened, Lin Puppet met his former female classmate Zhang in a bar, and under Zhang's gentle offensive, Lin cheated.
Soon after, he confessed to his wife that he had met his former lover and filed for divorce, and out of guilt and for the sake of a quick divorce, he offered to give up all his property and compensate his wife for an additional 31w divorce compensation.
In order to raise this money, Lin found Lin, and Zhang thought that he could fly with Lin immediately, and immediately agreed.
The new relationship after the divorce was not as happy as imagined, they quarreled constantly, and the relationship between the two became worse and worse, Lin decided to sever the relationship with his lover Zhang and recover his ex-wife.
Of course Zhang refused, and the original divorce compensation of 310,000 yuan was lent to Lin by Zhang. Now that Lin and his ex-wife have reconciled, isn't this "love debt" cheaper for them?
The more Zhang thought about it, the more angry he became, so he sued Lin and Wang to the court together, demanding the return of the 310,000 loan, and his ex-wife Wang was jointly and severally liable.
Now the question arises: should the original spouse repay this debt?
The judge held that the 310,000 yuan given to him by his lover was for the purpose of assisting him in the divorce, not for him to live with his ex-wife as husband and wife, so it was obviously improper to require the original partner to participate in the repayment.
After clarifying the facts after the second instance, the Shanghai No. 1 Intermediate People's Court held that the debts incurred by one of the husband and wife for the purpose of divorce did not constitute joint debts of the husband and wife, and the judgment of the second instance was changed to that one of the husband and wife who did not raise debts did not bear joint and several liability for repayment.
In the end, the "love debt" of 310,000 yuan was borne by Lin alone!
As we all know, joint debts between husband and wife are generally co-signed by co-debts, or the money borrowed is used for the joint life of the husband and wife.
If you encounter a similar situation in reality, you must take the self-help method of not knowing, not acknowledging, and not bearing, and we will not bear the debts that should not be borne
Note: The case in the article ** Guangzhou Popularization of Law.