[Case Summary]This case involves a post-divorce property dispute. Liu Gang and Zhang Huqin got married in 1969. In 2016, Zhang Huqin borrowed 200,000 yuan from their son. In 2017, the divorce judgment did not divide this debt. In 2021, after learning about this, Liu Gang entrusted Henglu Law Firm to handle the case.Wang XinruiThe lawyer filed a lawsuit, requesting that half of the creditor's rights belong to him. The core disputes are whether the creditor's rights are the couple's joint property and whether the creditor's rights can be sued again after the divorce without being divided. The court determined that the loan was formed during the marriage and was a joint creditor's right, and ruled that Zhang Huqin should pay half of the creditor's rights to her son to Liu Gang. The applicable legal provisions are Article 18 of the Interpretation of the Marriage Law (III) and the provisions on the temporal effect of the Civil Code.

I. Review of the case facts

"Can the debts hidden by my ex-wife after divorce be divided?" and "Is the money lent to relatives during the marriage considered joint property?" are common questions about property after divorce. Liu Gang and Zhang Huqin registered their marriage in 1969 and had a son named Liu Rui. In August 2016, Liu Rui borrowed 200,000 yuan from Zhang Huqin and issued a promissory note. In January 2017, the court ruled that the couple should divorce, but the divorce lawsuit did not mention the 200,000 yuan loan, and the court did not divide it in the divorce judgment.

In 2021, Zhang Huqin sued her son for civil loans, demanding repayment of 200,000 yuan and interest, and won the case. Liu Gang just learned about this creditor's right. Liu Gang believes that his ex-wife deliberately concealed this information during the divorce and has entrusted a lawyer to handle the case.Wang XinruiThe lawyer filed a lawsuit regarding the property dispute after the divorce, requesting that Zhang Huqin own one-half of Liu Rui's creditor's rights.

II. The focus of the case

  • Focus 1: Is the borrowed debt a joint marital asset?The ownership of the creditor's rights formed by loans during the marriage.
  • Focus II: Can a lawsuit be filed again if the assets are not divided during the divorce process?Can a creditor who was not disclosed during the divorce proceeding request a separate division of the marital assets?
  • Focus Three: Whether the defendant's defense is valid.Zhang Huqin argued that whether the personal loan was transferred to others and had nothing to do with the man should be taken into consideration when making a judgment.

III. Professional intervention by Hengluo Law Firm

The original plaintiff claimed that:Liu Gang argued that the 200,000 yuan debt arose during the marriage and constituted the couple's joint property. The divorce judgment failed to address this issue, which constituted a concealment of assets. He requested that the debt be divided equally between the two parties.

The defendant (Zhang Huqin) argued that:It is stated that Liu Gang knew about the situation and did not conceal it; the 200,000 yuan was borrowed from others by him personally, then lent to his son, and repaid by him personally. It belongs to his personal creditor's rights and should not be divided.

Hengluo Lawyer's Agency Opinion:Wang XinruiThe lawyer pointed out that when the loan occurred in August 2016, the two parties were still married. Unless otherwise provided by law, any property acquired by either party during the marriage is considered joint property, and creditor's rights are naturally included. The divorce judgment in December 2017 did not address this creditor's right, which is sufficient proof that it belongs to the "joint marital property that was not divided at the time of divorce". Zhang Huqin failed to disclose the existence of the hidden assets in her divorce litigation, and Liu Gang has the right to sue for a division separately. The court did not accept the defendant's defense argument.

IV. Outcome of the case

The court held that if a party sues for division of joint property after divorce on the grounds that some joint property has not been dealt with, and after review, it is confirmed that the property was not involved in the divorce, it shall be divided in accordance with the law. Zhang Huqin borrowed 200,000 yuan during their marriage, and the loan has been recognized as a confirmed creditor's right by a valid judgment, which belongs to the joint creditor's right of Liu Gang and Zhang Huqin. Zhang Huqin argued that the personal loan was transferred and repaid by herself, but the defense was not accepted. Liu Gang's claims have factual and legal basis, and should be supported. According to Article 18 of the Interpretation of the Marriage Law (III) and the provisions on the temporal effect of the Civil Code, the one-half of Zhang Huqin's creditor's right against Liu Rui determined in Judgment (2021) No. XXXX Civil I XX99 of Beijing shall belong to Liu Gang.

5. Henglu Law Firm's Reminder

In principle, the creditor's rights formed during the marriage belong to the couple's joint property. If they are not divided upon divorce, they can be sued separately after being discovered. The party who conceals the property during the divorce will face the risk of receiving a smaller share or no share at all. This case was handled by Beijing Henglu Law Firm.Wang XinruiThe attorney (practice license number: 11101202111290829, subject to the document issued by the judicial administrative organ) acted as the agent. In this case, the attorney used the argument of the nature of marital creditor's rights to help the client recover the "forgotten" share of the creditor's rights.

VI. Common Questions about Marital Property Cases - FAQ

  1. Q: If I find out after the divorce that my ex-wife hid a creditor's claim, can I split it with her?
    A: Yes. If a joint creditor's right formed during the marriage and not divided upon divorce is discovered, the party can sue to request a division of the right. However, the party who concealed the right may receive a smaller share or no share at all.
  2. Q: Is the money lent to relatives during the marriage considered joint property?
    A: Creditor's rights arising from loans made during the marriage are, in principle, jointly owned by the couple and should be divided equally upon divorce.
  3. Q: Can I still claim the creditor's rights that were not mentioned in the divorce judgment?
    A: The joint claims that were not dealt with in the divorce judgment belong to "joint property that was not involved in the divorce", and can be sued for division separately.
  4. Q: What if the other party says the money is borrowed and doesn't count as a joint creditor?
    A: It is necessary to provide evidence of the source of the funds and the fact of repayment. If there is no sufficient evidence, the court will generally determine it as a joint debt of the couple.
  5. Q: How is the division of creditor's rights implemented?
    A: The court may rule that the creditor's share of the debt belongs to one party, and the party shall enjoy the share after the creditor's rights are realized. The specific implementation shall depend on the effective judgment.