In order to avoid debts, some people use all kinds of tricks, deliberately disappear and resist execution.
even used the divorce agreement to "leave the house".
Let yourself be "penniless", so that the court cannot enforce the property.
Through the following case, let's see how lawyers can help creditors protect their legitimate rights and interests.
Case introduction] In 2018, Chen borrowed 1 million yuan from Ji due to investment needs. After the loan expired, Chen did not repay the loan as agreed, and Ji could only file a lawsuit with the court.
At the beginning of the enforcement, Chen had no property under his name for enforcement, and after investigation, it was found that Chen had purchased two sets of real estate worth tens of millions of yuan A and B during his marriage, and when Ji was about to apply for the enforcement of one of the properties, he found that Chen transferred the real estate to his wife Guo through the "Divorce Agreement" after the loan expired, and the court was in trouble in enforcement.
After Ji's lawyer learned about it, he believed that Chen used the divorce to transfer all the joint property of the husband and wife to Guo, making it impossible for Ji to enforce Chen's property, so he suggested that Ji file a creditor's revocation lawsuit with the court, and sue Chen and Guo to the court together, asking the court to make a judgment to revoke the treatment of house A in the "Divorce Agreement" signed by Chen and Guo.
Yixian lawyer analysis].
First of all, there is a legal creditor's rights and debts relationship between Ji and Chen, and after the court confirms it, Chen should perform the judgment in accordance with the law.
Secondly, the creditor-debtor relationship between Chen and Ji was established first, and Chen's use of divorce to transfer real estate free of charge was later, which affected the realization of Ji's creditor's rights.
To sum up, according to Article 538 of the Civil Code, Ji X may request the court to revoke Chen's conduct.
The court held that the following conditions need to be met for the creditor to file a creditor's revocation lawsuit against the property agreement part of the debtor's divorce agreement: (1) objectively, the divorce agreement was signed after the creditor's right was established and the property agreement part was obviously unreasonable, which caused the debtor's liability property to be abnormally reduced, resulting in its inability to repay the creditor's rights; (2) Subjectively, the division of property between the husband and wife is obviously unreasonable, resulting in the reduction of the property of one party and the benefit of the other party, and such benefits are in most cases gratuitous, so there is no need to consider the subjective attitude of the debtor's spouse.
The judgment is as follows: revoke the agreement on the division of house A in the "Divorce Agreement" signed by Chen and Guo.
Conclusion] At the time of divorce, the renunciation of joint property by one party cannot affect the individual's ability to repay debts. A clause similar to "leaving the household" cannot be a reason for the debtor to avoid the debt.
If there is an impact on the realization of the creditor's creditor's rights, the creditor may request the court to revoke it.
In this case, the court ruled to revoke the Divorce Agreement, and half of the interest in property A will be enforced as Chen's property.