The money spent on marriage and the banquet are all owed, is this a joint debt of the husband and wi

Updated on society 2024-02-09
28 answers
  1. Anonymous users2024-02-05

    If you get a marriage certificate, it will be considered a joint debt.

  2. Anonymous users2024-02-04

    The behavior after registration is absolutely.

    These acts occurred before they were registered.

  3. Anonymous users2024-02-03

    Well, I've been thinking about this so early. I guess it's a joint debt. After all, you're married.

  4. Anonymous users2024-02-02

    I'm married, and I still care about this.

    It will affect the relationship between husband and wife.

    But let him understand that you are the one who helps him pay it back.

  5. Anonymous users2024-02-01

    does not belong. It was the parents who returned it. Couples shouldn't bear this. Of course, if you have a good relationship. His parents are really incapable again. You can do it too. The premise is that it must be said before getting married.

  6. Anonymous users2024-01-31

    When you get married, you can bear it together, but many parents will bear this aspect. It's too strange to care about these things when you're married.

  7. Anonymous users2024-01-30

    It should be regarded as although the man's parents are more obliged, according to common sense, but marriage is a matter for two people.

  8. Anonymous users2024-01-29

    It must belong, unless the old man says they will pay it back, otherwise you can only pay it back together.

  9. Anonymous users2024-01-28

    Yes, but there are few such cases, and it is usually the man's parents who pay for it.

  10. Anonymous users2024-01-27

    If you owe it, you owe it, don't pay it back, Nima, the boss has to be leprosy if he has less money.

  11. Anonymous users2024-01-26

    Of course, there is no law that says that the man should bear the responsibility of the banquet.

  12. Anonymous users2024-01-25

    Since they are married, they should be joint debts.

  13. Anonymous users2024-01-24

    The two of you are married, so that the foreign debt will have to be borne together.

  14. Anonymous users2024-01-23

    What husband and wife owe together needs to bear together!

  15. Anonymous users2024-01-22

    Because you have already received a marriage certificate, it belongs to all.

  16. Anonymous users2024-01-21

    It should belong, how can you care so much about living together.

  17. Anonymous users2024-01-20

    Yes, because you two are married.

  18. Anonymous users2024-01-19

    Belongs, marriage is a matter of two people, not one person.

  19. Anonymous users2024-01-18

    If the marriage arrears are jointly owed by the husband and wife, or if one party owes them but is used for the husband and wife to live together, jointly produce and operate after marriage, or is based on the common intention of the husband and wife, it is a joint debt. According to Article 1064 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021, debts incurred by both husband and wife in the joint signature of both husband and wife or subsequent recognition by one of the husband and wife, as well as 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 has been used for the joint life of the husband and wife, joint production and business for a long time, or is based on the common intention of the husband and wife.

  20. Anonymous users2024-01-17

    Legal analysis: Debts incurred by the husband and wife jointly signed or confirmed by one of the spouses after the fact, as well as 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.

    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 the husband and wife, as well as the debts incurred by 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.

  21. Anonymous users2024-01-16

    Debts incurred prior to marriage are generally not considered joint debts of the husband and wife and should be borne by one of the debtors. However, if the debt is used for the family to live together after marriage, it is considered a joint debt, and both husband and wife are liable to the creditor.

    [Legal basis].

    Article 33 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

    Where a creditor claims rights against the debtor's spouse in respect of a party's personal debts incurred before marriage, the people's court will not support it. However, the creditor can prove that the debt was incurred for the common life of the family after the marriage.

    Article 34.

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

    Where a third party claims that the debts incurred by one of the husband and wife in the course of gambling, drug abuse, or other illegal or criminal activities are joint debts of the husband and wife, the people's courts are not to support them.

  22. Anonymous users2024-01-15

    Legal analysis: The debts incurred 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 the husband and wife in the name of the husband and wife for the daily needs of the family during the existence of the marital relationship, are 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 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 for the daily needs of the family in the name of a single person 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.

  23. Anonymous users2024-01-14

    The following debts during the marriage are joint debts:

    1.Debts incurred for the common living, production, investment and operation of the family;

    2.Debts incurred to pay for the expenses of social interaction that are justified and necessary;

    3.Debts incurred to pay for the education and training of one or both spouses;

    4.debts incurred to meet statutory maintenance obligations;

    5.Debts incurred for the treatment of illness by one or both spouses and for the treatment of a person who has a legal obligation;

    6.Other debts that shall be recognized as joint debts of the husband and wife.

    Paragraph 1 of Article 1064 of the Civil Code stipulates that debts incurred by both husband and wife as co-signed by the husband and wife or 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.

    Civil Code of the People's Republic of China

    Article 1064.

    Debts incurred by the husband and wife as a joint signature or a subsequent recognition by one of the husband and wife, as well as 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 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 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.

    Civil Code of the People's Republic of China

    Article 1089.

    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.

  24. Anonymous users2024-01-13

    After marriage, the debts incurred by the husband and wife in arguing and living together belong to the joint debts of the husband and wife.

    If the loan is signed by only one party and the loan is not used for the husband and wife to live together, then it is not a joint debt.

  25. Anonymous users2024-01-12

    During the marriage, the debts borrowed by one party are joint debts of the husband and wife and need to be repaid jointly by both parties.

    However, the following circumstances can be regarded as the personal debts of the borrower: 1. One of the husband and wife colludes with a third party to create a fictitious previous round of debts;

    2. Debts incurred by one of the husband and wife in illegal and criminal activities such as gambling and drug abuse;

    3. One party can provide evidence to prove that the debt was not used for the common life of the husband and wife.

    The necessary information provided is less, based on the experience of previous matrimonial cases, for you to analyze from the perspective of mediation failure and litigation resolution, for your reference

    - Disputes over the assumption of debts --- the husband and wife

    How the court will decide on your marital debt disputes:

    According to the information you provided, your marital debt dispute involves the aspect of "borrowing in the name of the husband and wife".

    For the rights and interests of your marital debts, based on the information you provide, the court may need you to provide the following evidence (you need to contact a lawyer to determine):

    1. Evidence of borrowing in the name of the applicant and his/her spouse.

    1. How is the debt agreed upon by Sui Repentance?

    Guess the rise for example:

    1. The debts formed by borrowing in the name of you and your spouse are generally the joint debts of you and your spouse, which are repaid jointly by you and your spouse.

    2. The debts formed by borrowing in the name of you and your spouse are generally the joint debts of you and your spouse, which are repaid by you and your spouse.

  26. Anonymous users2024-01-11

    1) Determination of the time of occurrence of debts: After marriage, debts must occur during the existence of the relationship between husband and wife. The so-called period of existence of the marital relationship refers to the period from the date on which the husband and wife register their marriage to the date on which the marital relationship is terminated.

    It includes not only the period during which the husband and wife live together after marriage, but also the period during which the husband and wife have not cohabited together after registration, the period during which the husband and wife have separated after marriage, and the period during which one party has filed a divorce lawsuit with the people's court and the mediation or judgment of the people's court granting the divorce has not yet taken effect.

    2) Assumption of joint debts of husband and wife: Due to the specificity of the debtor being husband and wife, it has a unique nature and status in the civil legal relationship. The equal right to dispose of the joint property determines that the husband and wife should also bear the obligations of the joint debts equally regardless of the shares, so both husband and wife have the obligation to pay off all the joint debts, and the creditor has the right to demand that either spouse pay off all the debts.

    Therefore, the joint debts of the husband and wife are joint and several debts. Hope.

  27. Anonymous users2024-01-10

    Yes, it is a joint debt of the husband and wife.

    Unless the debt chain holder agrees in advance, the husband and wife have a written agreement that the debt is borrowed by a seeper.

    Or if there is evidence that the debt is not used for family living together, but for personal consumption (e.g. gambling), it is also a personal debt.

  28. Anonymous users2024-01-09

    Legal Analysis: Joint Debts After Marriage: 1. The debts incurred for the purchase of the property purchased 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 the production and operation of bridge hosiery 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 spouse; 4. Debts incurred by one or both spouses for medical treatment and for the treatment of persons with legal obligations; 5. Debts incurred due to raising children; 6. Debts incurred by the elderly who have the 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; 10. Other debts that shall be recognized as joint debts of husband and wife.

    Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife

    1) Wages, bonuses, and remuneration for labor services;

    2) the income from production, operation, investment and consumption;

    3) income from intellectual property rights;

    4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

    5) Other property that shall be jointly owned.

    Husband and wife have equal rights to dispose of joint property.

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