What are the joint debts between the husband and wife

1.Debts incurred for the acquisition of property borrowed by one of the spouses prior to the marriage that have 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 and 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;

5.debts incurred as a result of raising children;

6.Debts incurred by an elderly person who has an obligation to support him/her.

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 separately, the two parties shall settle it by agreement.

According to Article 17 of the Marriage Law, the scope of joint debts of husband and wife is as follows: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of intellectual property rights; (4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned.

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

Joint debts are debts incurred to meet the needs of the husband and wife living together. Joint debts are mainly debts arising from the needs of the husband and wife to live together as a family, as well as the management, use, income and disposal of joint property. In terms of the form of liability, the husband and wife's responsibility for "joint repayment" is joint and several liability for repayment, regardless of whether the parties have divorced or not, they can pay off the joint debts with the joint property of the husband and wife and the property owned by themselves.

The creditor has the right to demand from one or both spouses to pay off part or all of the debts, regardless of the share of the husband and wife, and in no particular order, and either spouse shall bear all or part of the debts according to the creditor's request, and if one party's property is insufficient to pay off, the other party shall be liable for repayment.

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.

Legal Analysis:1Debts incurred for the acquisition of property borrowed by one of the spouses prior to the marriage that have 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 and 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;

5.debts incurred as a result of raising children;

6.Debts incurred by an elderly person who has an obligation to support him/her.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China 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 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. 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 between husband and wife are:

1. The debts incurred for the purchase of property purchased by one party borrowed 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 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.

1. Does the other party ask for debt repayment after divorce?

After divorce, the joint debts of the husband and wife will of course need to be repaid, and they need to be repaid jointly by both spouses. Debts are not eliminated by divorce, so couples still need to repay joint debts even if they are divorced.

The so-called joint debts of husband and wife mainly refer to the following debts:

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 persons with legal obligations;

5) Debts incurred for raising children;

6) Debts incurred by the elderly who have an 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 the legitimate and necessary expenses of the Society's Friendship Association;

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.

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.

The following debts between husband and wife are joint debts:

1.Debts incurred by the joint signature of both husband and wife or the subsequent recognition of one of the husband and wife.

2.Debts incurred by one of the spouses in his or her own name for the daily needs of the family during the marriage.

3.Debts incurred by one of the spouses in his or her own name during the marriage in excess of the daily needs of the family, provided that the creditor can prove that the debt was used for joint production and business operations.

Legal basis] Article 1064 of the Civil Code, the debts borne by the husband and wife jointly signed or the joint intention of one of the husband and wife to be recognized afterwards, 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.

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.

1.Debts incurred for the acquisition of property borrowed by one of the spouses prior to the marriage that have 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 and 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;

5.debts incurred as a result of raising children;

6.Debts incurred by an elderly person who has an obligation to support him/her.

Legal analysis. 1.Debts incurred for the acquisition of property borrowed by one of the spouses prior to the marriage that have 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 and 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;

5.debts incurred as a result of raising children;

6.Debts incurred by an elderly person who has an obligation to support him/her.

Legal basis. Civil Code of the People's Republic of China Article 1064 Debts borne by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife after the fact, 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. 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 joint debts between husband and wife are:

1. The debts incurred for the purchase of the property purchased by the former party in the marriage has been converted into the 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 and 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 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.

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

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 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 to live together, jointly produce and operate, or based on the joint intention of the husband and wife.