Divorce agreement agreed "debt 50/50 commitment", how to deal with the debt of the court judgment?

Date:2024-10-31 16:26:06  Views:105

Brief of the case

Ms. Zhang said that she and Mr. Ma signed the Divorce Agreement in November 2020 due to poor feelings between husband and wife, and went through the divorce registration. In August 2020, the outsiders Chen Dong and Chen Xi sued a private lending dispute case to a court in Guangdong Province, and the court ordered them to repay the capital and interest and bear part of the case acceptance fee. In the Divorce Agreement, it was agreed that Mr. Ma should bear half of the responsibility, but after the judgment took effect, Mr. Ma refused to bear 50% of the judgment as agreed in the agreement.

Mr. Ma argued that he did not agree with all of Ms. Zhang's claims, and requested the dismissal of all of Ms. Zhang's claims, for the following reasons: First, the court did not let Mr. Ma bear 50% of the share of the content, and only ruled that Ms. Zhang returned the loan, so if you support Ms. Zhang's claims, it essentially changed the judgment of the court in another case. Second, there is no legal basis for Ms Zhang to ask Mr Ma to bear the fees for the case of another court.

The court of Justice

After investigation, the Divorce Agreement was filed in the Civil Affairs Bureau, which stipulated: "We voluntarily divorce... Disposal of property:... Other agreements: For the follow-up of Chen Dong's case, Mr. Ma and Ms. Zhang agree to assume corresponding responsibilities according to the court's judgment, and the debts incurred shall be borne 50/50 by both parties."

After hearing, the court held that: First, according to the agreed contents of the divorce Agreement between the two parties, Mr. Ma has clearly "agreed to bear the corresponding responsibilities according to the judgment of the court, and the debts incurred by the parties are 50/50", so Mr. Ma should perform the agreed contents in accordance with the agreement. In addition, as the litigation 

After the verdict, Mr. Ma appealed. The court of second instance upheld the original decision. The judgment is now in force.

The judge said the law

The decision to divorce may be based on emotional reasons, but the act of divorce itself is primarily a matter of dealing with legal issues. In addition to the dissolution of personal ties and the determination of custody of children, another focus may be on property issues. Specifically, it includes the division of common property of husband and wife and the assumption of common debt of husband and wife. In this case, the original defendant is divorced, and the dispute is over the couple's joint debt.

Article 1064 of the Civil Code of the People's Republic of China stipulates the specific types of joint debts between husband and wife, including joint debts between husband and wife and debts used for joint life, while joint debts between husband and wife include mutual consent before and after recognition. The debt for common life, as the name suggests, is mainly used for the living expenses between husband and wife or within the family, at this time, regardless of whether the other party is aware of the debt, consent, are joint debts of husband and wife. In short, whether in the name of the wife, the name of the husband or the name of the husband and wife, if one party borrows before the other party knows and agrees, it is the common debt of the husband and wife in advance; Although they do not know in advance, after one party borrows, the other party knows and agrees, which is the joint debt of the husband and wife after the ratification. At the time of divorce, the joint debts of husband and wife shall be paid jointly. Not only is one party obliged to repay the joint debts of the husband and wife arising from the debts of the other party during the existence of the marriage relationship, but even if the divorce is divorced, and the divorce agreement or the effective legal document has dealt with the division of the marital property, creditors still have the right to claim rights to both men and women on the joint debts of the husband and wife, which is the external effect of the joint property of the husband and wife. Correspondingly, after one party has repaid the joint debt of the husband and wife, it has the right to recover from the other party according to the obligations determined by the divorce agreement or effective legal documents, which is the internal effect of the joint debt of the husband and wife.

In this case, Ms. Zhang and Mr. Ma reached a divorce agreement when they divorced. Among them, the debt borrowed by the two people was confirmed, so the debt of the two people to Chen Dong and Chen Xi belongs to the joint debt of the husband and wife, although the debt involved in the divorce is still in the court proceedings, Mr. Ma's agreement is a general agreement, but does not affect the nature of the debt, so the court finally determined that Mr. Ma bears 50% of the debt.

The end of the marriage relationship does not mean that the relationship between the two people is completely severed, and there may still be property relations and the continuation of child support relations after divorce. Marriage and divorce are major life events, need to be rational consideration, such as the decision to divorce, compared with the disposal of property issues, in fact, should be properly arranged for child support issues, not because of divorce to reduce the education and upbringing of children, to create a family environment conducive to the growth of children, to ensure the healthy growth of children physically and mentally.