He Zhen felt that the house was bought by Zou Kaiyuan earlier, and it had nothing to do with her; His salary is just a little bit, furniture and household appliances can't be sold at a high price, the most important thing is the debt, the arrears he owes Zou Kaiyuan, this is the key to the case, but she feels that the two of them have received the certificate and slept together, she has fulfilled her promise, the debts are cleared, and the matter is very simple, so she didn't hire a lawyer.

The facts and reasons of He Zhen's lawsuit are extremely simple, which probably means that the two parties lacked understanding before marriage and had a discordant relationship after marriage, so they asked for divorce and property division, claiming that their respective belongings belonged to each other.

"The defendant pleaded." The judge lifted his eyelids and glanced at the dock.

"The defendant agreed to the divorce, but did not agree with the way the property was to be divided.

The defendant had lent the plaintiff 144,000 yuan, and since the parties had agreed to divorce, the marital relationship reached by the marriage was terminated and the plaintiff should return all the arrears.

The defense is complete. Fang Yi said.

"Now let's start the cross-examination. Plaintiff, do you have any other evidence to submit besides the available evidence? The judge asked.

"It's gone. Only a marriage certificate. The rest of their clothes belong to each other, the money in the bank card also belongs to each other, the house is his, and I don't want the furniture and appliances at home. He Zhen said lightly.

"The defendant cross-examined." The judge said.

Regarding a marriage certificate, the plaintiff did not submit any other evidence, and Fang Yi accepted the evidence.

"Defendant, do you have any evidence for claiming that the plaintiff should return the loan?" The judge looked at Fang Yi and Zou Kaiyuan.

"There is evidence, the defendant has a bank transfer record." Fang Yi submitted a copy of the transfer voucher.

The IOU of 60,000 yuan that Zou Kaiyuan lent to He Zhen to pay the rent fee at the beginning could not be found, and Zou Kaiyuan suspected that He Zhen destroyed it while he was not at home after getting married.

"When did all this money happen, before or after marriage?" The judge asked, looking at the evidence.

He Zhen got the evidence submitted by the defendant and looked at it.

"There were two loans before marriage, the first of which was 60,000 yuan, which the plaintiff borrowed from the defendant in order to pay the rent. After that, the plaintiff wanted to repay her personal debts, and the defendant gave her another 50,000 yuan, and the time of the transfer was recorded in the bank transfer record, all of which occurred before receiving the marriage certificate.

After the marriage, the defendant transferred 34,000 yuan to the plaintiff in five more tranches, with transfer records and transfer time. The total amount transferred by the defendant to the plaintiff was $144,000. Fang Yi said.

The judge checked the evidence submitted by the defendant, and then looked up at He Zhen: "Plaintiff, do you accept the evidence submitted by the defendant?" ”

"I recognized these transfer records, but the defendant told me that as long as I married him, the accounts between us would be erased, and now that I am married to him, we do not owe each other a long time ago according to the previous agreement." He Zhen glared and said.

Without waiting for the judge to ask, Zou Kaiyuan suddenly said excitedly: "I said that if you marry me, you will be exempted from debts, but are you marrying me?" Flash me and leave, this TM is cheating money.

Judge, you can take a look at my chat history, it's all a deal, she offered to pay her debts, I like her, that's why I agreed.

I want to live with her in a down-to-earth manner, but who knew that she would have to divorce after less than a month of marriage, she was premeditated, and she just wanted to use marriage to cheat money. She's a liar. ”

Fang Yi was stunned, he turned his head to look at Zou Kaiyuan, and said secretly: I promised the other party to forgive the debt after marriage, why didn't I say this before!

"That's what I thought, you haven't said yes! Say that I cheat money, this is all we said, one is willing to fight and the other is willing to suffer, who does it depend on! He Zhen didn't let go, and stood up as she spoke, as if she had been beaten with chicken blood.

"Okay, both of you stop there, I didn't ask if you weren't allowed to speak." Seeing that both sides were in a hurry, the judge hurriedly struck the gavel twice and warned.

"Defendant, what is the use of these sums of money transferred after marriage?" The judge asked.

"For the plaintiff to buy clothes and jewelry." Zou Kaiyuan said smoothly.

"Plaintiff, where did all these money be used after marriage?" The judge looked at He Zhen and asked.

"I've bought clothes and iPhones, and some of them have been used to buy food and drink for my family, and I've paid for utilities. This Apple phone was bought with the money he gave, the latest model this year. He Zhen said, taking out her mobile phone and showing it.

The judge looked at it and said nothing, and after a moment asked, "Do you have any other property to divide?" Are there common claims and debts? ”

"It's gone!" Both sides replied.

……

"The parties make their final statements." The judge said.

He Zhen didn't know what to say and repeated her previous request.

Fang Yi cleared his throat: "First of all, the plaintiff and the defendant did not marry for the purpose of spending the rest of their lives together, but to repay debts, which is contrary to the true purpose of marriage. Now that both parties have agreed to divorce, the court should order the parties to divorce.

Secondly, both the defendant and the plaintiff mentioned the issue of marriage to be exempted from debts, and the defendant argued that the essence of this statement was a conditional gift.

The defendant attached a condition that the plaintiff and defendant were married and living together in a normal relationship as husband and wife. However, the plaintiff did not meet the requirements, filed for divorce less than 20 days after the marriage, and separated, and it was clear that the parties could not live in a normal marital relationship, which means that the conditions attached to the gift were not fulfilled. After the divorce, the plaintiff should repay all the loans to the defendant.

In addition, China implements a marriage system of freedom of marriage and equality between men and women, and the law does not stipulate that one of the husband and wife can obtain benefits from the other party because of marriage, and in the absence of a contract or legal provision, it is not natural for one of the husband and wife to obtain benefits from the other party There is no legal basis, so the plaintiff should repay the entire loan to the defendant. ”

After speaking, Fang Yi swallowed his saliva, and then said: "The 34,000 yuan transferred by the defendant to the plaintiff after marriage is the money paid by the defendant in order to maintain the relationship between husband and wife. Now that the plaintiff is asking for a divorce, the defendant has the right to demand that the plaintiff return the money previously paid. ”

After the marriage, Zou Kaiyuan transferred the 34,000 yuan to He Zhen, and before the trial, Yi told Zou Kaiyuan that the money was basically not returned, and that it was normal and common sense for husband and wife to transfer money to each other and pay living expenses while living together, and the judge would not support his request.

But Zou Kaiyuan did not give up, and reported the attitude of a dead horse as a live horse doctor, and asked Fang Yi to help him ask for this money, as for whether the court sentenced or not, he could only do his best to obey the fate of heaven.

Fang Yi had no choice but to add this clause to the litigation request and racked his brains to write down the reason.