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Anonymous users2024-02-06It depends on whether the debt is used for the husband and wife to live together, if so, the two parties will agree to divide the debt, and if the agreement cannot be reached, the lawsuit for divorce will be filed and divorced to the court, and the court will adjudicate; If it is not used for common living, it is a debt of one party and is paid off with the property of one party, as follows:
Marriage Law of the People's Republic of China
Article 19 Where a 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 incurred by the husband or wife shall be paid off with the property owned by the husband or the wife.
Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.
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Anonymous users2024-02-05Too much debt can really lead to the destruction of the family and the separation of the wife.
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Anonymous users2024-02-04Legal analysis: In the event of divorce, if it is a joint debt of the husband and wife, it should 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.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, they may call for mediation by a relevant organization or directly file a divorce lawsuit with the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails and the search is ineffective, the divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
Already married, it's better not to leave. Before marriage you should know something about his family situation. >>>More
If it cannot be directly divided, the discount will be paid.
Yes. Absolutely.
Isn't he in a hurry to get a divorce? >>>More
After reading your statement, first of all, I think that there is something wrong with you, why should you quarrel about what you have promised him? Still mentioning divorce so easily, do you want him to sign? Do you really want him to sign it? >>>More
If you don't say it today, you will say the same tomorrow, it's just a matter of time. For what to do now, it depends on what your choice is, whether you choose to divorce decisively, or you don't want to divorce, if you really don't have feelings, you don't need to consider too many factors, because even if you are reluctant, it will still come to a breakdown, if you don't want to divorce, then you should correctly solve your differences and problems.