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판례/이혼] 채무(소극재산)도 재산분할의 대상이 될 수 있다. 종래 대법원 판례는 소극재산(빚, 채무)이 적극재산을 초과한 경우에는 재산분할 청구가 허용되지 않는다는 입장이었습니다. 그래서 부부 중 한쪽이 자신의 명의로 대출을 받아 채무가. 있는데, 다른 한쪽은 위 채무액보다는 적은 금액의 부동산이나 다른 재산을 가지고 있는 경우, 재산분할이 인정되지 않아서 상당히 불합리한 결과를 낳았. 그래서 대법원은 이러한 불합리를 시정하는 방향으로 판례를 변경하였습니다(대법원 2013. 6. 20. 선고 2010므4071,4088 전원합의체 판결). 부부간 재산을 모두 합산한 결과 채무액(소극재산). 재산보다 더 많다고 할지라도, 채무가 어느 한쪽에 (재산분할 비율에 따른 분담 부분을 초과하여). 더 많이 귀속되었을 경우에는 채무. 의 분할도 청구할 수 있게 된 것. 그 방법은 법원이 정할 수 있는데, (1) 채무를 상대방에게 인수시키는 방법과 (2) 채무 분담액만큼 금전으로 지급하도록 하는 방법. 판례/임대...
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South Carolina Will, Probate, and Estate Attorney. Disinheritance And Estate Planning. April 20, 2015. Disinheritance and Estate Planning in Forest Acres. If you set up a will or trust early in your life to provide for your family after your death. You may worry that you cannot change the document in the event of a divorce or disinheritance. However, estate planning law allows you to work with an attorney to change your mind on part or all of your estate planning documents. Your children will receive bet...
