Is the debt for medical treatment of one spouse after separation a joint debt code?

Separation is only a personal arrangement and not a divorce in the legal sense, so it does not have the legal effect of divorce, and each other still has the rights and obligations between husband and wife. Article 20 of China's Marriage Law stipulates that husband and wife have the obligation to support each other.

If one party fails to fulfill the obligation of maintenance, the party in need of support has the right to demand maintenance from the other party. Since the parties remained legally husband and wife during the period of separation, the other spouse had an obligation to support the seriously ill spouse. In the event that the sick party borrows money for medical treatment without paying for medical expenses, the loan shall be deemed to be a debt borrowed by both parties during the period of their common life.

According to paragraph 1 of article 17 of the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by People's Courts, debts incurred by husband and wife for the purpose of living together or for the performance of maintenance and maintenance obligations shall be recognized as joint debts of the husband and wife, and shall be paid off with the joint property of the husband and wife at the time of divorce. Paragraph 2 of the same article also defines only four types of circumstances that "cannot be recognized as joint debts of husband and wife", and the above-mentioned amounts do not belong to any of them, so the loan should be a joint debt of the husband and wife.

Hope, thank you!

Is borrowing money for medical treatment during separation a joint debt of the husband and wife?

As long as the husband and wife have not gone through the divorce process and do not have a divorce certificate, the debts incurred are still joint debts, and if the divorce has been completed, it is not a joint debt.

It is a joint debt that needs to be shared in the event of a divorce.

Hello, yes, it's usually a joint debt. However, there are exceptions, if there is evidence to prove that the woman became pregnant during the period of separation due to an affair with a person outside of marriage, and the expenses incurred for the miscarriage; In practice, the compensation costs incurred by a party due to its own crime and infringement are often recognized as its personal debts. I hope my answer is helpful to you!

Whether or not debts incurred by the husband and wife at the time of separation are considered joint debts depends on the circumstances. The specific brother is buried as follows:

1. During the existence of the relationship between husband and wife, the debts formed by the husband and wife for living together or jointly producing and operating activities are joint debts of the husband and wife, which need to be borne jointly by both parties;

2. If one party is clearly a personal debt and is used for personal production and use, and the creditor is aware of it, it is the personal debt of one party. There is no need for both parties to share the burden.

How long does it take to separate before you can sue for divorce.

The law stipulates that if the relationship breaks down after two years of separation, it is possible to apply for divorce. Conditions for Divorce from Separation:

1. It must be separated due to emotional discord;

2. The separation must be continuous and have been two years. Cannot be cumulative;

3. The essence of the separation of husband and wife is that they do not fulfill their obligations to each other in their sexual life;

4. The husband and wife have been separated for two years and must be proved by evidence.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China.

Debts that are blindly incurred by the husband and wife as a result of a joint signature of both husband and wife or a joint expression of intent such as the subsequent recognition of one of the husband and wife, as well as the 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.

Legal analysis: The yardstick for judging whether it is a joint debt of the husband and wife is: whether the debt is a debt incurred for the needs of the husband and wife living together has nothing to do with separation.

Joint debts are debts incurred to meet the needs of the husband and wife living together. The joint debts of the husband and wife are mainly based on the needs of the husband and wife for their common life, as well as the debts arising from the management, use, benefit and disposal of the joint property. Therefore, as long as it is a debt incurred for living together, it is a joint debt, otherwise it is not.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China The debts borne by the husband and wife in a joint signature or the subsequent recognition of one of the husband and wife, as well as the debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the period of the existence of the marital relationship, are joint debts of the husband and wife.

The debts owed by one of the spouses after the separation of the husband and wife are generally joint debts, but there are two exceptions:

1. One of the husband and wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt;

2. 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 incurred by the husband or wife shall be paid off with the property owned by the husband or the wife.

1. Who shall provide evidence for forged debts in divorce.

The Code of Civil Procedure stipulates that whoever asserts the claim shall bear the burden of proof. The falsification of false debts by the parties is one of the types of embezzlement of the joint property of the husband and wife, and when it is found to be a forged debt in the course of litigation, the court will generally impose judicial penalties for obstructing civil litigation activities. However, in practice, penalties are relatively rare, mainly because it is relatively difficult to verify forgery, and the general practice is not to recognize the debt.

According to the law, if a creditor claims rights in respect of a debt incurred by one of the spouses 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. However, one of the spouses can prove that the creditor and the debtor have expressly agreed that it is a personal debt.

However, it is necessary to provide corresponding evidence. 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. If one of the parties does not recognize the debt, it can be resolved through the court, and the "fraud" will face the test of appraisal and cross-examination, as well as the consequences of the marriage being determined by no or less sharing, and even the criminal consequences that the participants will have to bear.

2. Will the husband's traffic accident freeze the wife's account?

No, if one of the spouses is jointly and severally liable for the joint debts, they can recover from the other spouse on a lawful basis. Debts incurred by one of the husband or wife in the name of the individual during the marriage shall in principle be treated as joint debts of the husband and wife; However, the other party can prove that the creditor and the debtor have clearly agreed that it is a personal debt; This is also not the case where it can be proved that the husband and wife have agreed on a separate ownership of property system, and the third party is aware of the agreement.

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.

Legal Analysis: Debts borrowed by husband and wife separated are joint debts. Separation is not the same as divorce, divorce is evidenced by the divorce certificate issued by the civil affairs department or the judgment issued by the court granting the divorce, no matter how long the separation is to the silver banquet, as long as the parties have not gone through the divorce formalities, the marriage relationship exists in accordance with the law.

Debts owed during the existence of the marital relationship shall generally be recognized as joint debts of the husband and wife.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife as jointly signed or recognized by one of the husband and wife after the fact, 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.