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To compensate for the demolition, the couple remarried and divorced to avoid responsibility
Time:2025-08-28 Views:1556
Recently, the People's Court of Gulou District, Xuzhou City, Jiangsu Province ruled that the defendants Zhang and Li shall return the plaintiff Jiang's purchase price of RMB 70000, and the two defendants shall be jointly and severally liable.
After trial, the court found that the defendants Zhang and Li registered their marriage on May 2, 1981 and agreed to divorce in 1992. Later, due to the demolition of houses in Xuzhou Economic Development Zone and in order to receive an additional 40 square meters of demolition compensation, the two defendants registered their marriage on June 25, 2007. On January 8, 2008, the defendant Zhang signed a house sales agreement with the plaintiff Jiang, holding the ID cards of the two defendants and a copy of the demolition compensation agreement. The two parties agreed that the area of the house to be sold was 75 square meters, the transaction price was RMB 105000, and the down payment was RMB 50000. The plaintiff Jiang delivered a portion of the house payment of RMB 70000 to the defendant Zhang. Looking for Zhang again, he avoided seeing him. Therefore, the lawsuit was filed with the court requesting that Zhang and Li, as joint defendants, return the paid house price. Li, in order to evade responsibility, agreed to divorce again on April 17 of the same year.
After the court's trial, it was found that if a creditor claims rights to debts incurred by one spouse in their personal name during the existence period, they should be treated as joint debts of the spouses. However, if one spouse can prove that the creditor and debtor have explicitly agreed that the debt is a personal debt, or can prove that the property obtained during the existence of the marital relationship is agreed to be owned by each spouse, the debt owed by the husband or wife to the outside world, if known to a third party, shall be paid off with the property owned by the husband or wife. During the marriage between the defendant Zhang and the defendant Li, the defendant Zhang signed a demolition compensation agreement with the plaintiff Jiang by presenting both parties' ID cards, original marriage certificates, and copies of the demolition compensation agreement, which gave the plaintiff Jiang reason to believe that the defendant Zhang's sale of the house was a joint act of the two defendants. The two defendants did not provide evidence to prove that Zhang and Jiang clearly agreed that the debt was Zhang's personal debt. Therefore, the court determined that the debt was a joint debt of the two defendants and should be repaid jointly.
In summary, the court has made the above judgment in accordance with the law. Sichuan Faneng Law Firm is dedicated to serving you.