What should I do if the debtor fakes a divorce and really hides the debt?

Now people. Fake divorce to avoid debts. No, it doesn't.

Even if you're divorced. You can't hide from the debt. You can sue him.

It is also possible to hire a lawyer. Fight a lawsuit with him. It's very good to beat the old guy now.

He can't escape, and the debt he owes you will be repaid.

Divorce is divorce, no divorce is not divorce, there is no fake divorce, the debts in the marriage relationship are borne together, and the same is true for divorce, go to the court to sue.

This situation is more difficult to do, especially if they do get a divorce certificate.

You have no problem with the normal way!

There must be evidence, otherwise it will not explain a fake divorce.

If the debtor evades debts through a fake divorce and transfers all the property to his spouse, children or other relatives, the creditor may file a lawsuit for revocation to the court, or may file a lawsuit with the court to confirm the invalidity of the act of transferring property to evade debts.

In the case of the debtor, once the debtor's act is revoked, it is deemed to be void ab initio. For example, if it is a gift of property, it is deemed to be ungifted; If it is a waiver of creditor's rights, it shall be deemed that it has not been waived.

For the beneficiary, if the debtor's property has been received, it shall be returned. Where the original item cannot be returned, its benefits shall be returned at a discount. If the beneficiary has already paid consideration to the debtor, it may claim the return of the unjust enrichment from the debtor.

Legal basis] Article 538 of the Civil Code, if the debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of the creditor's rights, transferring property free of charge, etc., or maliciously extending the performance period of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

Article 539 of the Civil Code provides that if the debtor transfers property at an obviously unreasonable low price, transfers the property of another person at an obviously unreasonable price, or provides security for the debts of others, affecting the realization of the creditor's creditor's rights, and the debtor's counterpart knows or should know about the situation, the creditor may request the people's court to revoke the debtor's act.

Article 540 of the Civil Code stipulates that the scope of exercise of the right of revocation shall be limited to the creditor's claim. The necessary expenses for the creditor to exercise the right of avoidance shall be borne by the debtor.

Article 541 of the Civil Code provides that the right of revocation shall be exercised within one year from the date on which the creditor knows or should know the reasons for revocation. If the right of avoidance is not exercised within five years from the date of the debtor's act, the right of avoidance shall be extinguished.

In the event of a fake divorce, you can file a lawsuit with the people's court to apply for compulsory enforcement. Where the debtor maliciously carries out the act of transferring property in order to evade the debt, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's act. Article 538 of the Civil Law of the People's Republic of China provides that if the debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of its creditor's rights, transferring property free of charge, etc., or maliciously extending the time limit for the performance of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

Article 539:Where the debtor transfers property at an obviously unreasonable low price, disturbs the property of another person at an obviously unreasonable price, or provides security for the debts of others, affecting the realization of the creditor's creditor's rights, and the debtor's counterpart knows or should know about the situation, the creditor may request the people's court to revoke the debtor's act.

Legal analysis: From the perspective of two situations, the first is that in cases where a husband and wife who divorce by agreement and evade debts under the pretext of divorce, the people's court may, in the course of enforcement, take compulsory enforcement measures such as sealing and seizing the property acquired during the existence of the marital relationship. The other is a case of evading debts through litigation procedures under the pretext of a fake divorce between husband and wife, although such cases have fulfilled the divorce procedures, they are obviously unreasonable in terms of property, and generally show that the party with property does not bear debts, while the party without property bears all debts.

In such cases, the court shall be requested to retry the case in accordance with the trial supervision procedures to determine that the person subject to enforcement and the holder of the property certificate shall jointly repay the debt.

Legal basis: Article 538 of the Civil Code of the People's Republic of China Where the debtor disposes of property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property free of charge, etc., or maliciously extending the performance period of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the Changnapao People's Court to revoke the debtor's acts.

There are two situations, first, in cases where a husband and wife who divorce by agreement and evade debts under the pretext of divorce, the people's court may, in the course of enforcement, take compulsory enforcement measures such as sealing up and seizing the property acquired during the existence of the marital relationship. The other is a case of evading debts through the litigation procedure of using the husband and wife to fake divorce, although the divorce formalities have been performed, but the property is obviously unreasonable, which is generally manifested in the fact that the party with property does not bear the debts, while the party without the property bears all the debts. For such cases, the court shall be requested to retry the case in accordance with the trial supervision procedures to determine that the person subject to enforcement and the holder of the property certificate shall jointly repay the debt.

Legal basis: Article 538 of the Civil Code of the People's Republic of China provides that if the debtor disposes of the property rights and interests free of charge by waiving its creditor's rights, waiving the guarantee of creditor's rights, transferring property free of charge, etc., or maliciously extends the performance period of its due creditor's rights, affecting the realization of the creditor's creditor's rights, the creditor may request the people's court to revoke the debtor's acts.

If you encounter a fake divorce to avoid the treatment of joint debts: the creditor can collect relevant evidence to 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 the husband and wife, and then file a lawsuit with the people's court to claim rights against the husband and wife for the joint debts of the husband and wife.

Article 1064 of the Civil Code of the People's Republic of China: Debts incurred by both husband and wife as joint signatures 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 during the existence of the marital relationship for the daily needs of the family, are joint debts of the husband and wife. 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.

Article 35 of the Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Where the parties' divorce agreement or the effective judgment, ruling or mediation document of the people's court has already dealt with the issue of the division of the property of the husband and wife, the creditor still has the right to claim rights against both the husband and the woman in respect of the joint debts of the husband and wife. Where, after one party bears responsibility for the repayment of the joint debts of the husband and wife, it is claimed that the other party should bear the corresponding debts in accordance with the divorce agreement or the legal documents of the people's court, the people's court shall support it.