How to solve the joint debts of the husband and wife, and what to do about the joint debts of the hu

The settlement of joint debts between husband and wife is that at the time of divorce, the debts originally incurred by the husband and wife 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.

Legal basis] According to Article 41 of the Marriage Law, at the time of divorce, the debts originally incurred by the husband and wife 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.

Generally speaking, as a joint debt of husband and wife, two conditions should be met: (1) The debt occurred during the existence of the marital relationship. (2) The purpose of borrowing is to meet the needs of common life or production and operation.

Article 24 of the Judicial Interpretation (II) of the Marriage Law stipulates that the judgment of joint debts between husband and wife stipulates that:Where a creditor claims rights in respect of a debt incurred in the name of one of the parties during the existence of the marital relationship, it is presumed to be a joint debt of the husband and wife. If one of the spouses wants to rebut the presumption, they need to prove that the creditor and the debtor have expressly agreed that it is a personal debt or that the creditor is aware that the husband and wife have a contractual property regime.

In short, the law presumes that the debts incurred by the husband and wife in their personal names during the existence of the marital relationship are joint debts of the husband and wife, which relieves the creditor from the burden of proof, while if one of the spouses wants to overturn the presumption, he must bear a heavy burden of proof, and there are only two exceptions, both of which are extremely difficult to prove from the perspective of judicial practice.

Amendment to the Supplementary Provisions of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China on February 20, 2017).

Article 24 Where a creditor claims rights in respect of 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 handled as a joint debt of the husband and wife. However, 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.

Where one of the husband and wife colludes with a third party to fabricate debts, and the third party claims rights, the people's court will not support it.

Where a third party claims rights for debts incurred by one of the husband and wife in the course of engaging in illegal or criminal activities such as gambling or drug abuse, the people's courts will not support it.

That's right"What are the specific debts of the husband and wife".If you still have relevant legal questions, you can pay attention to non-litigation and private message consultation.

Legal analysis: 1. The joint debts that have matured should be repaid by the husband and wife together. 2. If the joint property of the two parties is insufficient to pay off, the two parties shall agree to determine the share of the joint debt that each party shall bear.

3. If the agreement between the two parties fails, the court shall rule that both parties shall bear the debts according to a certain proportion or let the party with strong economic ability bear the debts alone.

Legal basis: Article 1089 of the Civil Code of the People's Republic of China In the event of 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. Repayment of joint property of husband and wifeThe Marriage Law stipulates that the property of husband and wife shall be jointly owned and joint debts shall be paid off, and it also stipulates that there shall be equal rights to dispose of joint property, so that both parties shall have equal rights to repay the joint debts of husband and wife, and under the principle of consensus with creditors, the husband and wife may agree on their respective responsibilities and repayment dates, or they may agree that one of them shall pay off the whole of the property, and then when the joint property is divided, one party shall recover from the other. In real life, in order to escape debts, some parties adopt the means of false divorce, the two parties agree that the property belongs to one party, and the debt belongs to the other party, and when the creditor asks for repayment, the other party refuses to pay on the grounds that the property belongs to one party and should not be repaid, so as to achieve the purpose of evading debts. In trial practice, in order to prevent the occurrence of the above-mentioned situations and not give the parties who evade debts an opportunity to take advantage of them, when dealing with the sharing of the joint debts of the husband and wife, the joint property of the husband and wife and the joint debts are regarded as a whole and inseparable, and the two are considered together.

Legal Analysis: If the marital debts are recognized as personal debts of one of the spouses, then the personal debts are still borne by the debtor when the couple divorces. However, if the marital debts are determined to be joint debts of the husband and wife, the joint property of the husband and wife shall be paid off at the time of divorce, and the part that is not sufficient shall be borne by both parties through negotiation.

If no agreement can be reached through negotiation, the court can sue and the judge will deal with the assumption of joint debts according to the actual situation.

Legal basis: The debts borne by the husband and wife in the joint signature of the husband and wife in Article 1064 of the Civil Code of the People's Republic of China, as well as the debts incurred by one of the husband and wife in their 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.

The joint debts of the husband and wife are generally paid off by the husband and wife using the joint property. At the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned separately, it shall be repaid by the agreement of the Shuangsui Pei Party; If the agreement is not reached, the people's court shall make a judgment.

Civil Code of the People's Republic of China

Article 1064.

Debts borne by the husband and wife in the joint signature of the husband and wife or the subsequent recognition of the husband and wife, as well as the debts incurred by one of the husband and wife for the daily needs of the family during the existence of the marital relationship in the name of the individual of the Xiao clan, 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.