The transfer of debts to the other spouse without signing an IOU must be prevented

Mondo Social Updated on 2024-03-03

For example, if the man's business fails and he owes a lot of money outside, and the man's wife is unwilling to help the man sign the IOU, the man chooses to transfer the remaining money to the woman in batches and large amounts before the divorce. Yes, the woman said that she was doing business outside and owed you a debt, so she would give you the remaining 1 million as a breakup fee, and I would bear the debt myself.

In fact, this kind of behavior, the man is very treacherous, because the debt is borne by himself, only valid internally, and invalid for external creditors, the man uses the judgment point of view of the Supreme People's Court in the latest judgment just made last year, that is, if one of the husband and wife bears a large amount of debt in his personal name during the marriage, and the husband and wife have purchased huge assets or jointly operated during the marriage, then assuming that the two parties have frequently transferred money to the other party before the divorce, If the parties cannot give a reasonable explanation for the nature of the transfer, then the debt of the debtor will be deemed to be a joint debt of the husband and wife.

Assuming that Zhang San and Xiaohong are a couple, Zhang San has been doing business outside all the year round, but he has never taken a penny home, not only that, but in order to satisfy his personal eating, drinking, and entertainment, Zhang San also owes a huge amount of debt outside. Assuming that this number is 10 million, Xiaohong decides to divorce Zhang San because she can't stand him anymore. At this time, Zhang San suddenly found out in his conscience and told Xiaohong that he had saved more than 1 million over the years, and he was now willing to transfer it to Xiaohong as compensation before the divorce.

Women will generally accept it happily, so the price is that this behavior is likely to meet the unexplained large transfer behavior mentioned in the judgment just mentioned, Xiaohong seems to have got 1 million, but in fact, 500,000 belongs to the joint property with Zhang San, so in the end, Xiaohong will get 500,000 at most, and the 10 million foreign debt owed by Zhang San, Xiaohong does not need to bear it, it is the transfer of 1 million that leads to a debt of 10 million, and Xiaohong needs to bear 5 million.

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