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The scope of joint debts of husband and wife includes the following:
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 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 41 of the Marriage Law of the People's Republic of China stipulates that 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 by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.
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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
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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.
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Under normal circumstances, the debts incurred by one party in the marriage in his or her own name shall be the joint debts of the husband and wife and jointly borne by both parties, 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. Thirdly, if the creditor's right is quarrelsome, and the person 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.
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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
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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.
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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
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Legal Analysis: A joint debt is a debt incurred by two people while living together during the existence of the relationship, and if they choose to divorce, then the debt is jointly repaid by the two parties. Legal basis:
Article 1089 of the Civil Code of the People's Republic of China 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.
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