There are several types of joint debts between husband and wife, and what are the joint debts of hus

Updated on society 2024-02-21
7 answers
  1. Anonymous users2024-02-06

    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

  2. Anonymous users2024-02-05

    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.

  3. Anonymous users2024-02-04

    Legal analysis: The joint debts of the husband and wife are as follows: (1) the property purchased by one party borrowed money before the marriage has been converted into the joint property of the husband and wife, and the debts incurred for the purchase of these properties; (2) Debts incurred by the husband and wife for the common life of the family; (3) Debts incurred by one or both spouses for medical treatment and for the treatment of persons with legal obligations.

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

    Article 1064:Debts incurred by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the subsequent recognition of the common intention, 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, belong to the 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 considered 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.

  4. Anonymous users2024-02-03

    Joint debts include:

    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 a person who has a legal obligation.

    Legal basis] Article 3 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Debts between Husband and Wife: Where a creditor claims rights over debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship that exceeds 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, unless 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 common intention of the husband and wife.

  5. Anonymous users2024-02-02

    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

  6. Anonymous users2024-02-01

    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.

  7. Anonymous users2024-01-31

    Hello, there are three main types of joint debts:

    Clause. 1. Debts incurred based on a common expression of intent, such as debts jointly signed by both parties or later recognized by one of the husbands and wives;

    Clause. (2) Debts incurred by the spouses for the daily needs of the family;

    Clause. (3) Debts incurred by one of the spouses in excess of the daily life of the family, and it can be proved that the debts are incurred for the common life of the husband and wife, joint business or based on the joint intention of the husband and wife.

    The above is the principle of judgment, and it is also necessary to judge according to the evidence you actually have, and it is recommended to consult a professional.

    Article 1064 of the Civil Code: Debts borne by the husband and wife in a joint signature or a joint expression of intent by one of the husband and wife, as well as debts incurred by one of the husband and wife during the existence of the marital relationship in the name of the husband and wife for the daily needs of the family, are joint debts of the husband and wife.

    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 are not 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.

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