When is it a joint debt?

Joint debts are debts incurred to meet the needs of the husband and wife living together. Joint debts are mainly debts arising from the needs of the husband and wife to live together as a family, as well as the management, use, income and disposal of joint property. In terms of the form of liability, the husband and wife's responsibility for "joint repayment" is joint and several liability for repayment, regardless of whether the parties have divorced or not, they can pay off the joint debts with the joint property of the husband and wife and the property owned by themselves.

The creditor has the right to demand from one or both spouses to pay off part or all of the debts, regardless of the share of the husband and wife, and in no particular order, and either spouse shall bear all or part of the debts according to the creditor's request, and if one party's property is insufficient to pay off, the other party shall be liable for repayment.

1. The debts incurred for the purchase of property borrowed by one party before the marriage has been converted into the joint property of the husband and wife; 2. Debts incurred by husband and wife for the common life of the family; 3. Debts incurred by husband and wife jointly engaged in production and business activities, or debts and ...... incurred by one party engaged in production and operation, and the business income is used for family life or shared by the spouse

Where a creditor claims rights over a debt incurred by one of the husband and wife in his or her own name during the existence of the marital relationship, it shall be treated as a joint debt of the husband and wife. Except where one of the husband and wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it falls under the circumstances provided for in paragraph 3 of article 19 of the Marriage Law. "Paragraph 3 of Article 19 of the Marriage Law provides:

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife. ”

Legal Analysis: 1. Debts incurred by the family living together; 2. Debts incurred in production and operation; 3. Debts incurred due to medical expenses; 4. Debts incurred due to the performance of maintenance and maintenance obligations; 5. Debts incurred to pay for children's education and training expenses; 6. Debts that are agreed to be joint debts in the agreement between husband and wife.

Legal basis: Civil Code of the People's Republic of China

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 1064:Debts incurred by both husband and wife as jointly signed or by one of the husband and wife as a result of a joint expression of intent, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, are jointly incurred by the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Article 1065:A man and a woman may agree that the property acquired during the existence of the marital relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of Article 1062 of this Law and Article 1063 of the Slip Calendar apply to it.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

The following debts cannot be recognized as joint debts of husband and wife: 1. Premarital debts of one of the husband and wife; 2. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family; 3. One of the husband and wife uses it for personal use without the consent of the other party and the income is not used for living together; 4. Debts arising from unreasonable personal expenses of one party; 5. Other debts that should be borne by individuals in accordance with the law.

[Legal basis].

Article 1064 of the Civil Code of the People's Republic of China: Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common remorse after the fact, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's joint life, joint production and operation, or based on the joint intention of the husband and wife.

In the case of joint debts of husband and wife:

1. Debts borne by both husband and wife jointly signed or recognized by one of the husband and wife after the fact, shall be deemed to be joint debts of the husband and wife.

2. Where a creditor claims rights for debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, the people's court shall support the sale of debts incurred by the husband and wife on the grounds that they are joint debts of the husband and wife.

3. Where a creditor claims rights for debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship in excess of the daily needs of the family on the ground that they are joint debts of the husband and wife, the people's court shall not support them, except where the creditor can prove that the debts were used for the husband and wife's common life, joint production and operation, or based on the joint intention of the husband and wife.

1. How does the court deal with marital debts in divorce proceedings?

1. Debts borne by both husband and wife jointly signed or recognized by one of the husband and wife after the fact, shall be deemed to be joint debts of the husband and wife. 2. Where one of the husband and wife incurs a debt in his or her own name for the daily needs of the family during the existence of the marital relationship, and the creditor claims rights on the ground that it is a joint debt of the husband and wife, the people's court shall support it.

2. How to deal with debts in divorce cases in general courts.

1. Debts borne by both husband and wife jointly signed or recognized by one of the husband and wife after the fact, shall be deemed to be joint debts of the husband and wife.

2. Where a creditor claims rights for debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, on the ground that they are joint debts of the husband and wife, the people's court shall support them.

3. Where a creditor claims rights for debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship that exceed the daily needs of the family on the ground that they are joint debts of the husband and wife, the people's court shall not support them, except where the creditor can prove that the debts were used for the husband and wife's common life, joint production and operation, or auction, or based on the joint intention of the husband and wife.

Civil Code of the People's Republic of China

Article 1089:In the event of a divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

1. The debts incurred for the purchase of property borrowed by one party before the marriage has been converted into the joint property of the husband and wife; 2. Debts incurred by husband and wife for the common life of the family; 3. Debts incurred by husband and wife jointly engaged in production and business activities, or debts and ...... incurred by one party engaged in production and operation, and the business income is used for family life or shared by the spouse

Under normal circumstances, the debts incurred by one party in the marriage in his or her own name shall be jointly borne by both spouses, and the debts incurred by one of the spouses in his or her own name for the daily life of the family during the existence of the marriage relationship shall be joint debts of the husband and wife and shall be borne jointly by both parties. Third, if the creditor can prove that the debt is used for the husband and wife to live together, jointly produce and operate, or is based on the common intention of both parties, it is a joint debt of the husband and wife, and the personal debt borne by one party before the second marriage is generally a personal debt, but the creditor can prove the debt.

1. The debts incurred for the purchase of property borrowed by one party before the marriage has been converted into the joint property of the husband and wife; 2. Debts incurred by husband and wife for the common life of the family; 3. Debts incurred by husband and wife jointly engaged in production and business activities, or debts and ...... incurred by one party engaged in production and operation, and the business income is used for family life or shared by the spouse

It is a joint debt of husband and wife depends on what the fee is used for, and whether the wife knows, please listen to Yi Yi, a marriage lawyer at Jiali Law Firm, for details.

During the existence of the marital relationship, the debts incurred by both husband and wife or one of the spouses in business and business activities for the purpose of maintaining common life or for the purpose of living together are joint debts of the husband and wife. Joint debts include the following:

1) Debts incurred by the husband and wife for the common life of the family;

2) Debts incurred by husband and wife jointly engaged in production and business activities, or debts incurred by one party engaged in production and business activities, and the business income is used for family life or shared by spouses;

3) Debts incurred by one or both spouses for medical treatment and for the treatment of a person who has a legal obligation;

4) Debts incurred by the elderly who have the obligation to support their friends due to raising their children or supporting them;

5) Debts that are agreed to be joint debts by the marital agreement.

Legal basis] Article 1064 of the Civil Code, debts borne by the joint signature of both husband and wife or recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

It includes the following aspects:

1) Debts incurred for the purchase of property borrowed by one of the parties before the marriage has been converted into joint property of the husband and wife;

2) Debts incurred by the husband and wife for the common life of the family;

3) Debts incurred by husband and wife jointly engaged in production or business activities, or debts incurred by one party engaged in production and business activities, and the business income is used for family life or shared by spouses;

4) Debts incurred by one or both spouses for medical treatment and for the treatment of persons with legal obligations;

5) Debts incurred for raising children;

6) Debts incurred by the elderly who have an obligation to support them;

7) Debts incurred to pay for the education and training expenses of one or both spouses;

8) Debts incurred to pay for legitimate and necessary social interaction expenses;

9) Debts that are agreed upon by the husband and wife as joint debts;

Joint debts are debts incurred to meet the needs of the husband and wife living together. The debts arising from the joint increase of husband and wife and debts are mainly based on the needs of the husband and wife to live together in the family, as well as the management, use, income and disposal of the joint property. In terms of the way of assuming responsibility, the liability of the husband and wife to "repay together" is the joint and several liability of Qingling Chan Lao, regardless of whether the two parties have divorced or not, they can pay off the joint debts with the joint property of the husband and wife and all their own property.

The creditor has the right to demand from one or both spouses to pay off part or all of the debts, regardless of the share of the husband and wife, and in no particular order, and either spouse shall bear all or part of the debts according to the creditor's request, and if one party's property is insufficient to pay off, the other party shall be liable for repayment.

1. The debts incurred for the purchase of property borrowed by one party before the marriage has been converted into the joint property of the husband and wife; 2. Debts incurred by husband and wife for the common life of the family; 3. The debts of the husband and wife jointly engaged in production and business activities, or one party is engaged in production and operation, and the operating income is used for family rent and garden life or the debts and ...... shared by the spouse

Generally, it will be recognized as a joint debt of the husband and wife.