At the beginning of 2019, Liu Li ran into Chen Xi (not her real name) in the store. She was 12 years older than her. Both sides were attracted to each other and had frequent contacts.
In March, Liu Lis childrens clothing store owed a lot of foreign debts due to capital turnover problems. However, she found Chen Xi. Chen Xi, confused by love, did not hesitate to give Liu Li 10000 yuan.
In the next two months, Liu Li repeatedly borrowed more than 50000 yuan from Chen Xi, and issued an IOU stating that the loan was 51000 yuan.
With the warming up of the relationship between Liu Li and Chen Xi, Liu Li is more and more dissatisfied with her husband. She proposed a divorce to her husband and went through the divorce procedures in mid June.
Chen Xis generosity makes Liu Li feel more and more happy, and makes her have a small abacus. Chen Xis income is stable, he loves himself very much, and he spends money generously. Its better to make friends with others and ensure his future life.
It turns out that the business of Liu Lis childrens clothing store has been getting worse and worse in recent years. It was difficult to repay the debt owed by Chen Xi with the money borrowed by Chen Xi. However, she did not know how to repay the loan she owed Chen Xi.
After many discussions, Liu Li and Chen Xi went through marriage registration at the end of July. After that, Chen Xi transferred 34500 yuan to Liu Li through wechat for many times. On the day of the Double Seventh Festival, Chen Xi, as a token of his intention, returned Liu Li the previous 51000 yuan IOU without actually receiving the arrears.
After more than a months marriage, divorce broke out again
She thought that her life after marriage would be perfect. But just over a month after marriage, Liu Li separated from Chen Xi and asked for a divorce by death. Later, she filed for a divorce and divided her property according to law.
In the trial, Chen Xi agreed to divorce, but he believed that Liu Li cheated herself and should repay all kinds of money he lent her.
However, Liu Li said that Chen Xi has been pursuing herself. The money is donated voluntarily by Chen Xi, and part of the money belongs to betrothal gifts. She also married Chen Xi, but she had to divorce because of her real disagreement. Chen Xi asked for the so-called arrears and the reason was not tenable.
The focus of the dispute in this case is: 1. Whether the relationship between the two parties has really broken down? 2. The nature of the money Chen Xi paid to Liu Li before and after marriage and whether it should be returned?
In the wechat chat records of both sides, Liu Li stated that always force me to get along with you in a normal way as a husband and wife! it can be seen that Liu Li has no intention to establish a husband wife relationship with Chen Xi.
In the court trial, Chen Xi also agreed to divorce, so the relationship between the couple has reached the level of rupture, and Liu Lis divorce claim is supported.
As for the second focus of the dispute, from the facts found out, Chen Xis payment to Liu Li can be divided into three parts: 51000 yuan for issuing the IOU before marriage, 44500 yuan for Chen Xis active transfer before marriage, and 34500 yuan for transfer after marriage.
Verdict: divorce granted, but arrears to be paid
According to Gao Jing, the chief judge, after Liu Li borrowed money from Chen Xi before marriage, the two have already formed a debt relationship. This debt does not belong to the joint debt of the husband and wife and will not be eliminated because of the marriage relationship.
Among them, 51000 yuan for issuing IOU was originally a private loan between Chen Xi and Liu Li. Chen Xi interacted with Liu Li for the purpose of marriage. Based on the trust in Liu Li and the purpose of creating a better family, Chen Xi voluntarily returned Liu Lis IOU after they registered for marriage. This behavior does not conform to the nature of betrothal gifts given for the purpose of marriage according to the customs and habits, but should be regarded as a conditional donation behavior, and the attached conditions should be the marriage of both parties and the common relationship of normal husband and wife life.
Liu Li herself also said in the trial that the reason why she registered to marry Chen Xi was that Chen Xi said that if she registered to marry him, she would not have to pay back the money owed to him. She had no feelings and was forced to marry him.. The marital status of both parties is obviously not in line with the normal state of marriage understood by ordinary people.
Only a month after their marriage, Liu Li separated from Chen Xi and asked for a divorce by death, and then filed for a divorce in the court. Therefore, Chen Xis condition of exempting Liu Li from debt and making donation was obviously unsuccessful, and the purpose of the donation could not be realized. Although the loan is a legal relationship, in order to properly resolve the contradictions and disputes between the two sides, the court will deal with it in this case. In the case of divorce, Chen Xi asked Liu Li to repay the debt and give support.
The 44500 yuan transferred by Chen Xi to Liu Li before marriage belongs to Chen Xis premarital personal property, and Liu Li admitted that she would use the money to repay her personal debts before marriage. The court held that Liu Li could not prove that both parties had an agreement to pay off Liu Lis premarital debts. Therefore, it was unjust enrichment for Liu Li to use Chen Xis premarital property to pay off her premarital debt. Now Chen Xis claim for restitution should be supported.
Since both parties have registered to get married and live together, the small amount transfer generated before and after the marriage should be regarded as the donation behavior of living expenses and emotional expression. Therefore, the court did not support Chen Xis claim of returning 34500 yuan and other funds.
Finally, the divorce was granted, and Liu Li returned Chen Xis arrears and unjust enrichment totaling 95500 yuan.