In today's society,Unmarried men and women cohabitThe phenomenon is becoming more and more common, but not every cohabitation relationship can enter the palace of marriage. When the relationship is good, you and I don't distinguish between you and me, and give generously when your partner is in financial difficulties, but when love passes,Will you get back the money you have paid?
Can I get my money back during my unmarried cohabitation?
Xiaomei and Da Zhuang met and fell in love in February 2016, and then the two parties handled a wedding banquet and lived togetherHowever, the marriage was not registered. From July 2016 to March 2017, Da Zhuang continued to operate his businessUse Xiaomei's credit card to pay for the goods, totaling 131667 yuan. Xiao Mei and Da Zhuang had already held a wedding at that time, and they lived together, so they didn't let Da Zhuang make an IOU.
In June 2019, Xiaomei and Da Zhuang broke up, and the two parties settled the economic transactions between the two by means of WeChat chatDa Zhuang issued an IOU of 80,000 yuan to Xiaomei. After that, the great strength is thereAfter repaying 2000 yuanFailing to repay the balance as agreed, Xiaomei sued Da Zhuang to the court.
After trial, the court held that as long as the intention of the civil juristic act is true, the actor has the corresponding capacity for civil conduct, does not violate the mandatory provisions of laws and administrative regulations, and does not violate public order and good customsIts civil juristic acts are valid.
In this case, Da Zhuang was an adult with the corresponding capacity for civil conduct, and the IOU issued to Xiaomei by his defense was issued due to coercion and was not an expression of his true intention, but no evidence was providedIt is impossible to adduce evidence. Therefore, the court rejected his defence. Moreover, after Da Zhuang issued an IOU,It is a fact that consciously fulfills part of the arrearsIn the reply, it was also stated that ".It's not going to be a reliever, and I don't have the ability to do that right now."
Therefore, the court found that the IOU issued by Da Zhuang to Xiaomei was a true expression of intentThe creditor's rights and debts of both parties are clear. Dazhuang fails to repay the arrears as agreed and shall bear the liability for breach of contractThe final judgment was that Da Zhuang should repay Xiaomei's loan of 78,000 yuan.
Determination of the loan relationship during the period of unmarried cohabitation
In the above case, Da Zhuang clearly Xiang XiaomeiIssuance of IOUsto prove that there is a creditor-debtor relationship between the two parties. But in real life, for the exchange of funds in an unmarried cohabitation relationship,The nature of the capital transaction cannot be provedIf there is no specific purpose or agreement for the transfer, it is generally regarded as a gift to the other party, and there is no factual and legal basis for requesting the other party to return itThe court may not support it.
Two conditions are required for the establishment of a private lending relationshipThe first is that there is a loan agreement between the two parties, and the second is that the borrowed money has been actually delivered. However, if the two parties used to be lovers and other intimate relationships, it is often due to emotional constraints, weak legal awareness, etc., when making the paymentThe nature of the payment will not be clearly agreed, and the other party will not be asked to issue IOUs and other borrowing vouchers.
In the event of a subsequent property dispute between the parties, the lender can usually only provide proof of payment such as transfer recordsLending agreementProbably moreBlur, or not at the timeNo explicit expression, unable to provide other evidence that can prove the existence of the loan relationship, plus the possibility of the period of unmarried cohabitation between the partiesThere are common living expenses, and it is difficult to distinguish between the confusion of propertyTherefore, the determination of whether there is a loan relationship is determinedIt's more difficult
According to the relevant laws and regulations, when a lender files a private lending lawsuit with the people's court, it shall provide IOUs, receipts, IOUs, etcCreditor's rights vouchers and other evidence that can prove the existence of a legal relationship between loans and loans.
The plaintiff filed a private lending lawsuit solely on the basis of the transfer voucher of the financial institution, and the defendant argued that the transfer was to repay the previous loans or other debts of both partiesThe defendant shall provide evidence to prove his claim. After the defendant provides relevant evidence to prove its claim, the plaintiff should still bear the burden of proof for the establishment of the loan relationship.
Therefore, the couple did not sign a written loan voucher based on trustCan't do itThe money exchanged between the two parties is evidence of the loan, moreThere is no substituteIOUs, IOUs, receipts and other creditor's rights documents play a role in proving the establishment of private lending relationships.
Tips:
No matter how intimate the relationship is, if there is a borrowing activity, it should be done as much as possibleSign a written loan agreementThe amount of borrowing, repayment period, interest, etcBe explicit.
As far as possible when the payment is madeUse the transfer method and indicate the purpose of the transferClarify the nature of the paymentEnhance awareness of evidenceAvoid difficulties in adducing evidence in the event of a dispute in the future.
If a couple lives together before marriage, both parties canA Property Agreement is signed in advance, for personal property and joint property before cohabitationClear demarcation, and also for the property income, external debts and joint expenses of the parties during the period of cohabitationBe explicit.
At the same time, in daily life, it is necessary to buy items of high value and items purchased jointly by both partiesKeep the relevant documents, such as shopping receipts, WeChat chat records, bank transfer records, sales contracts, investment agreements, etc.
3.In the event of a property dispute between unmarried couples living together, in order to avoid the disclosure of private content, both parties should:Deal with it rationally and actively through consultation；Cases that enter the judicial process shall:Face it positively and present evidence seriouslyDon't try to dodge.
A cohabitation relationship is not the same as a marital relationshipoften not protected by lawIn addition, the property, income, and expenses incurred during the period of cohabitation do not necessarily meet the conditions for division or compensation from the other party, so it is difficult to protect one's rights and interests in the event of a dispute. While young couples are looking forward to a better future, they also want toPrevent the property risks that may come with cohabitation in advancePlan ahead and be preparedHold up a "protective umbrella" for love!