Men and women can live on marriage, and they can reach an agreement on who will manage the earned money, or they can become fashionable AA system. What kind of agreement has legal effect?
Ms. Feng: After the marriage between the two parties of the old convention and I, their respective income is owned and controlled separately. My husband had to do business with others two years ago and wanted to use my savings. I didn t agree , because he was afraid he would lose all the money. Later, my husband proposed to sign an agreement with me, and said that he borrowed the money from me. So, the two of us signed an agreement, in which he borrowed my deposit of 100,000 yuan to do business, and if the business failed, he returned me 100,000 yuan. This year, he lost his business. I asked him to pay me back the money according to the agreement, but he didn t give it, saying that the loan agreement was useless, and the money was the common property of the couple. Now we are going to divorce, may I ask, is the loan agreement valid? Can I get this 100,000 back?
Article 19 of the Marriage Law stipulates that: husband and wife may agree that the property obtained during the existence of the marriage relationship and the pre-marital property belong to their respective, common or part of their respective and part of their common ownership. Your agreement on the duration of the marriage relationship is binding on both parties. Article 16 of the Supreme People s Court s Interpretation of Several Issues concerning the Application of the \\ u0026 lt; People s Republic of China Marriage Law \\ u0026 gt; In the case of affairs, it shall be deemed that both parties agreed to dispose of the husband and wife s common property, and the divorce may be handled in accordance with the loan agreement. According to the above laws, the agreement you and your husband signed belonged to the loan agreement mentioned in this article and should be valid. You are now divorced, so when you sue to the court, you can submit a loan agreement and claim that your husband w ill repay the 100,000 loan.
Mr. Zheng: In 2010, I married my ex-wife. At that time, the two signed a pre-marital agreement, stipulating that their property (house, vehicle, etc.) before the marriage belonged to each other. Divorce was agreed in 2013. I had borrowed 100,000 yuan from my ex-wife during the marriage in 2012. Now my ex-wife has sued me for repayment. Do I need to repay it all?
According to Article 16 of the Supreme People s Court s Interpretation of Certain Issues Concerning the Application of the Marriage Law of the People s Republic of China (III) : Personal affairs should be regarded as the parties agreement to dispose of the husband and wife s common property, and they can be dealt with in accordance with the loan agreement when divorced. Although you have a pre-marital agreement, you also agreed that each property before the marriage belongs to each other. The practical significance is small), but there is no agreement on the disposal of property during the existence of the marriage relationship, so the property during the marriage relationship between the two parties should be treated according to the legal property system, that is, the common property of the husband and wife.