Say “I support you” before marriage, but after marriage, it becomes “I lend you”, listen to the lawyer’s professional opinion

2022-07-02 0 By

Recently, xi ‘an to be a full-time housewife publicly on the Internet real-name reporting her husband: first, say “man a woman before marriage, so after getting married, the woman and children at home full-time with Eva, when the woman to find a man for 500 pieces of life, is the man requirements shall issue ious to give money, original say good” I raise you “into” I lent you.Second, the man repeatedly abused the woman, but the woman chose to forgive each time, but did not get the man repent.At this point, triggered the majority of female netizens hot discussion.From the perspective of women, many women said that they should not easily believe the sentence “I support you” when looking for a husband. Women had better have their own career after marriage, which I agree with.But from the perspective of a divorce lawyer who handles hundreds of marital and family cases every year, I would like to share with you two pieces of legal knowledge about how to protect your legal rights and interests.One, the woman in order to get the living expenses with the man, have to issue iOU to the man, whether the need to return generally speaking, husband and wife in marriage without the implementation of agreed property system, marriage property is generally a common attribute.Many people will doubt that since the property is shared, there is no loan problem between husband and wife at all. The issue of one husband and wife borrowing money and issuing iOU to the other is more formal or ceremonial, which is different from ordinary folk lending.However, contrary to popular belief, according to current law and practice, the court has upheld the existence of ioU between husband and wife, which requires the borrower to repay the loan to the other party.According to the Supreme People’s Court about the applicable law of the People’s Republic of China civil code the interpretation of the marriage and family make up (a) the eighty-second regulation: the loan agreement between husband and wife, the common property of husband and wife to lend a party engaged in personal business activities or for other personal affairs, and punish the behavior of the common property of husband and wife shall be regarded as the two sides, divorce can be processed in accordance with the provisions of the loan agreement.According to the above provisions, the court recognized the establishment of the loan between husband and wife, the premise must meet two conditions: 1, the loan must be the common property of the husband and wife.If the loaned money is the personal property of one of the couple (such as the marital agreement that the property belongs to the individual or the personal property before marriage), the loan will be handled directly according to the normal private loan relationship, and will not be eliminated because of the marital relationship between the two parties, nor because of whether the money is used for the family joint operation or life, that is, how much is borrowed and how much is returned.2. The loan shall be used for personal business activities or other personal affairs.If the loan is used for the family joint business activities, joint living affairs, then the loan claim is not supported.How to define whether a business activity or transaction is a “party individual” can be judged by reference to the following circumstances, or otherwise understood to be used for joint business or common living:(1) after borrowing for investment of the proceeds of the property is a party of all individuals (2) whether the two sides completely expressly agreed upon business activities shall be the responsibility of the party (3) the actual operation process are managed by the party, the other party or other family members to participate in the operation and management (4) investment management main body is a legal person,Whether the property is confused with the marital community property (5) Whether the lender gains from the loan.Such as husband and wife of one party to another party in the name of the borrowing money after buying the housing, but the property belongs to the common property of husband and wife, at this point, the behavior is not used for personal and business operation activities of the real estate or other personal affairs (6) other personal affairs, available method to judge, if the purpose is to belong to the legal obligation between husband and wife, such as caring for both parents and their children together,Or for the purpose of living together, such as the decoration of a shared house, etc., are generally not personal matters.(the above judgment reference since ai-wu Chen editor, the essence of marriage law judicial interpretation of the Supreme People’s Court extract solution “, the China legal system publishing house) according to the above situation, and then according to the xi ‘an housewife facts and ious specific content published on the web, although in ious China, indicating the purpose is for personal affairs,However, if the Xi ‘an housewife can prove that the money she “borrowed” was actually used for the daily needs of the family or the expenses of raising children, then the loan is not valid and the woman does not need to repay the money.Two, the woman was domestic violence, how to effectively obtain evidence in the legal level, to get the judge to determine the Xi ‘an housewife said that he was repeatedly domestic violence, and even three times in front of the children hit her.However, in the real-name report videos, the woman has not provided substantial evidence of domestic violence.As a divorce lawyer, I feel sorry for her. If she has been abused many times, she should have the consciousness of obtaining evidence. The “truth” supported by no evidence is only the “truth” in life, rather than the “truth” recognized by the court.Therefore, when experiencing domestic violence, whether or not you will forgive the person afterwards, it is important to do the following first: 1.Call the police immediately and ask the police to take a statement and take a photograph of the statement.The cell phone kept recording before and after the police came to the door;2. Seek help from third-party neutral organizations such as residential (village) committees, women’s federations, sub-district offices and work units;3. It is extremely important to seek medical treatment in a timely manner after encountering violence, and to keep medical records, such as case books, disease certificates, diagnostic reports and medical bills;4. Save injury photos, videos and injury identification reports, and upload them to the cloud for backup as far as possible;5. Try to ask the other party to issue a letter of repentance, guarantee and keep it well;6. Install cameras at home (with night vision, sound recording, cloud storage) to prepare for the next domestic violence evidence collection in advance;7. Apply for a writ of habeas corpus during divorce proceedings.