Should the husband s debts be repaid by the wife during his lifetime?

The debts of the husband during his lifetime are divided into personal debts and joint debts of the husband and wife. In the case of joint debts, the wife is liable for repayment. If it is a personal debt of the husband, the wife is not liable for repayment, and the creditor can only claim it to the extent of the husband's estate.

Personal debts include: (1) premarital personal debts. (2) Where it is agreed that the property after marriage shall be owned separately, the debts borne by one of the husband and wife shall be borne by the individual.

3) Debts incurred by one party in the course of business after marriage by operating his or her own personal property or raising funds without authorization. (4) If the property obtained by one party due to inheritance, acceptance of gifts, or division of property belongs to one party, the debts arising therefrom are the personal debts of the husband and wife. (5) One party finances debts incurred by a person with whom it has no obligation to support without authorization.

6) Without the consent of the other party, one party guarantees the debts incurred by others without authorization. (7) Debts incurred to meet personal living needs without the consent of the other party, which are mainly debts incurred within the scope of daily household affairs. (8) Debts incurred during the period of separation.

9) Debts that the husband and wife agree shall be paid off by the individual. (10) Debts that the creditor and the debtor agree to borrow for one party. (11) Debts incurred by one party as a result of an individual's illegal acts.

Legal basis: Article 33 of the Inheritance Law of the People's Republic of China provides that the inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of his estate. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

If the heir renounces the inheritance, he may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law.

It is divided into two situations: 1. If the debt is a joint debt of the husband and wife, after the death of the husband, the debt shall be borne by the wife alone; 2. If the debt is a personal debt of the husband, the wife shall be liable for repayment within the scope of the inheritance of the husband's estate, and shall not be liable if the inheritance is renounced.

If the husband owes debts during his lifetime, if they are personal debts, they should not be borne by the wife; If it is a joint debt of the husband and wife, or if the debt is used for the husband and wife to live together, to produce and operate jointly, and is borne on the basis of the joint intention of the husband and wife, the wife shall repay it.

Article 1080 of the Civil Code of the People's Republic of China: 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 repaid or the property is owned by each party, the two parties shall agree to settle it; If the agreement is not reached, the people's court shall make a judgment.

Whether the wife should bear the debts of the husband during his lifetime depends on the circumstances, as follows:

1. If after the death of the husband, if the debts left behind belong to the joint debts of the husband and wife, the wife must pay them back;

2. Debts borne by the husband and wife 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, belong to the joint debts of the husband and wife. The joint debts of the husband and wife shall be repaid jointly;

3. If the husband is an external personal debt, he should have his own repayment, and the wife does not need to pay it back.

The determination of the joint property of the husband and wife is as follows:

1. Salary, awards, and remuneration for labor services;

2. The income from production, operation and investment, and the income generated by the personal property of one of the husband and wife after marriage, except for the fruits and natural appreciation, shall be recognized as the joint property of the husband and wife;

3. The income from intellectual property rights refers to the property income actually obtained or can be obtained during the existence of the marital relationship;

4. Property obtained by inheritance or gift, but the property determined in the will or gift contract to belong to only one party;

5. The income obtained by one party from the investment of personal property;

6. Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

7. The basic pension and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women;

8. A house rented by one party before marriage and purchased with joint property after marriage shall be deemed to be the joint property of the husband and wife if it is registered in the name of one party.

Legal basisArticle 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 husband and wife in his or her own name during the existence of the marital relationship in excess of the daily needs of the Tongshan 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 husband's debts before his death, and the wife does not know, should she pay them back?

If the debt borrowed by the husband during his lifetime is a joint debt of the husband and wife, or if the wife inherits the husband's inheritance, the wife must pay it. In the case of joint debts, both spouses are jointly liable to repay them; For the heirs, there is an obligation to pay off the debts of the deceased to the extent of the actual value of the inheritance. Legal basis

Article 18 of the Civil Code provides that adults are able to sue people for complete civil acts and may independently carry out civil juristic acts. Minors over the age of 16 who rely on their own labor income as their main livelihood** are to be regarded as persons with full capacity for civil conduct. Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as a result of a joint expression of intent, 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 1161:The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with law to the extent of the actual value of the inheritance. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the inheritor. If the heir renounces the inheritance, he or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.

If the husband owes a debt during his lifetime and the debt is used for family life, the wife shall be liable for paying it off. On the other hand, if the debt is not used for the common life of the family, the husband shall bear it alone, and the wife shall not be liable for repayment.

Legal basisArticle 1064 of the Civil Code.

Debts incurred by both husband and wife in the joint signature of a family friend 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 husband and wife in the name of the husband and wife 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.