Can “Shen Teng” escape debt by transferring property through divorce?

2022-06-19 0 By

According to some, the 2022 Spring Festival Gala sketch “Not Paying Back” once again takes the concept of “not paying back debts” to a new level, but in reality this is not a new level.Today, xiao Bo does not talk about the problem of high or not high, shen Teng claimed in the sketch, with his wife Ma Li has been divorced, all the property including savings, all transferred to his wife Ma Li’s name, so, he did not have any money can be returned to outsiders.So, Mary doesn’t have to pay back the money either?The answer, of course, is no.The following content comes from the Qingdao Intermediate People’s Court “civil trial example interpretation” ask: marriage relationship dissolve to husband and wife joint discharge responsibility whether have influence?Husband and wife shall be jointly and severally liable for the repayment of their joint debts during the term of their marriage.This joint and several liability is not transferred because the divorce agreement or the court judgment has been divided on the couple’s property.If creditors on both sides of husband and wife relationship to cancel, and on both sides of husband and wife in the marriage relationship duration on debt owed to advocate for the rights of the debtor and the spouse, as long as the claims there is no more than the statute of limitations, the debtor and the spouse may not divorce agreement or the court has the common property of the written judgment shall be divided as its justification to assume joint and several liability.If either of the husband and wife assumes joint and several liabilities for joint debts after dissolution of the marriage relationship, they may exercise the right of internal recourse in accordance with the principles and contents of the divorce agreement or the judgment documents of the court.Legal basis: Article 1089 of the Civil Code and Article 41 of the Marriage Act