My family paid off my husband's debt. Can I receive this when dividing property?
Although the expression ‘family’ is a bit ambiguous, let’s take it as an example and look at the person’s biological father.
When my father paid off my husband's debt, did he pay the debt with the intention of gifting cash?
It is important whether the loan was made with the intention of receiving it back later.
What if the debt was paid off with the intention of making a gift?
It seems difficult to get it back or to include it in the property subject to division that must be considered when dividing property.
On the other hand, what if the loan was made with a small loan amount, and the husband's debt was due to daily household chores?
The debt for this will also have to be divided according to the property division ratio.
In the end, it appears that the father will be able to receive the husband's portion of the debt from the husband.
On the other hand, her father paid off her husband's debt with the intention of lending.
What if the husband's debt was a personal debt (for example, business operating funds, etc.) that had nothing to do with the couple's joint life?
It appears that the biological father can receive the full amount back from her husband regardless of whether the couple's assets are divided.
This is a procedure in accordance with Korean law.
For foreigners, detailed procedures may vary. Please chat or email for specific details.
Are there any legal issues involved?
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