If one of the spouses borrows money outside the home, is the other spouse obliged to repay the money

Depending on the situation, depending on whether the borrowed money is used for family living expenses or the borrowing party is used alone, such as gambling, etc., if it is used for family living expenses, the unaware party also needs to bear the obligation to repay the money, and the borrowing party does not have to bear it if he or she uses it himself.

Specifically, which are joint debts of husband and wife and which are personal debts, you can see the following summary:

1) If the husband and wife agree that the property acquired during the marriage relationship belongs to each other, and the debts owed by the husband or wife to the outside world are known to a third party (and the husband and wife bear the burden of proof in this regard), the debts incurred by the husband or wife shall be paid off with the property owned by the husband or the wife.

2) The creditor claims rights in respect of the debts incurred by one of the spouses in his or her own name during the existence of the marital relationship, and one of the spouses can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that the creditor knows that the property acquired by the debtor and the debtor during the existence of the marital relationship is agreed to belong to each other.

3) If one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party who paid the down payment, the immovable property shall belong to the party registered in the property right at the time of divorce, and the loan that has not yet been repaid shall be the personal debt of the party with the property right registration.

1) Debts incurred for the husband and wife to live together shall be repaid jointly.

2) The creditor claims rights against the debtor's spouse in respect of the personal debts incurred by one party before marriage and the creditor can prove that the debts were used for family life together after marriage.

3) Where a creditor claims rights in respect of a debt incurred by one of the husband and wife in his or her own name during the existence of the marital relationship, it shall be treated as a joint debt of the husband and wife.

4) Debts incurred by both husband and wife in a joint signature or by one of the husband and wife after the fact, such as a joint expression of intent, shall be found to be joint debts of the husband and wife.

5) 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, and the creditor claims rights on the ground that they are joint debts of the husband and wife.

6) Debts incurred by one of the husband and wife in their own name during the existence of the marital relationship in excess of the daily needs of the family, and the creditor claims rights on the grounds that they are joint debts of the husband and wife, and the creditor can prove that the debts are used for the husband and wife's common life, joint production and operation, or based on the common intention of the husband and wife.

There is an obligation to repay the money, since the joint property of the spouses includes joint debts. However, if the divorce can be proved to prove that you do not know, this depends on the specific situation, and this evidence is not easy to find.

Whether the other spouse needs to repay the debt owed by one spouse depends on whether the debt is a joint debt, and if it is a joint debt, the other party is responsible for repaying it. Joint debts of husband and wife are debts owed by both husband and wife or one of them to a third party for the husband and wife to live together during the existence of the marital relationship, and whether the debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship are joint debts of the husband and wife shall be determined to be joint debts of the husband and wife.

Where a creditor claims rights over debts incurred by one of the spouses in his or her own name for the daily needs of the family during the existence of the marital relationship, on the grounds that they are joint debts of the husband and wife, the people's court shall support them. The following debts cannot be recognized as joint debts of the husband and wife and shall be paid off by one party with personal property: (1) debts agreed by the husband and wife to be borne by the individual, except for the purpose of escaping debts.

2) One party finances debts owed by relatives and friends who have no obligation to support them without the consent of the other party. (3) One party raises funds to engage in business activities on its own without the consent of the other party, and its income is not used for debts incurred by living together. (4) Other debts that should be borne by the individual.

Legal basis: Article 24 of the Interpretation (II) of the Interpretation of Several Issues Concerning the Application of the Marriage Law of the People's Republic of China Article 24 Where a creditor claims rights over the debts incurred by one of the spouses in his or her own name during the existence of the marital relationship, it shall be treated as joint debts of the husband and wife. However, one of the husband and wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it falls under the circumstances provided for in paragraph 3 of article 19 of the Marriage Law.

Where one of the husband and wife colludes with a third party to fabricate debts, and the third party claims rights, the people's court will not support it. Where a third party claims rights for debts incurred by one of the husband and wife in the course of engaging in illegal or criminal activities such as gambling or drug abuse, the people's courts will not support it.

There is no legal obligation to pay back, but you have to have evidence, if you don't. You also have to follow the likes of money, so this evidence is very important, see if you can collect it. And if you really don't want to pay it back, you still have to sue in the end.

Gather as much evidence as you can, the more favorable the better.

If one of the spouses borrows money outside the home, is the other spouse obliged to repay the money without knowing it? Obligation to pay back! Because as long as the husband and wife are not divorced, they should be returned! If you are divorced at the time of borrowing, you don't have to pay it back!

There is no obligation, this is a fraudulent marriage. Although the interests of husband and wife are linked after marriage. However, the other party has the right to know and does not tell himself that the other party is not obliged to repay the loan.

It depends on what the loan is for, and if both spouses benefit, the unwitting spouse is also obliged to repay the money.

There is an obligation, but it seems that as long as you pay it back with the joint property of the husband and wife, it seems that you don't need to pay for him if it belongs to your personal private.

During the marriage, no matter which debt of the husband and wife is a joint debt of the husband and wife, they have the obligation to repay the debt!

According to the relevant provisions of the law, this is a joint debt of the husband and wife, but if the unaware party has evidence, he can be responsible.

Yes, the debts of the husband and wife need to be borne by both spouses.

It really depends on whether the loan is used for the common life of the husband and wife, and if so, it is a joint debt of both parties.

It's up to you to use the money.

One spouse borrows money outside, and the other spouse does not know how to bear it

Legal analysis: First of all, it depends on whether the borrower borrows money for household expenses, such as adding furniture to the home or for daily living expenses. If it is not used for family expenses, it belongs to one party borrowing money and then using it unilaterally, and the other party does not need to bear the obligation to repay.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China Article 1065 A man and a woman may agree that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately owned and partly jointly owned by Qinlu. The agreement shall be in writing.

Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall be owned by each of the suspects, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be repaid.

If one of the spouses borrows money outside, and the other party is not aware of it, it needs to be borne and depends on the specific situation

1. Check whether the debt is a joint debt, including whether it is a debt for the performance of legal obligations during the period of living together or the existence of the marital relationship. If it is determined to be a joint debt of the husband and wife, even if one party is not aware of it, it is still liable to carry it, that is, it has the obligation to return it.

2. If it is determined to be a personal debt of the husband and wife, then no matter whether the other party knows it or not, there is no need to bear legal responsibility at this time.

Criteria for judging the determination of joint debts of husband and wife:

1. Whether the husband and wife have an agreement to jointly raise debts. If the husband and wife agree to borrow jointly, regardless of the benefits arising from the debt.

2. Whether it is shared by husband and wife, the debt shall be regarded as a joint debt. The main manifestation is whether it is formed by the coincidental husband and wife's filial piety and living together. Whether the husband and wife share the benefits of the debt.

If the spouses share the benefits of the debt, it should also be regarded as a joint debt.

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 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: If the husband and wife have joint debts, one spouse owes the debt and the other party does not know that they need to repay it jointly.

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. If the joint judgment is insufficient to pay off the same property or the property is owned by each other, the two parties shall agree to settle the settlement; If the agreement is not reached, the people's court shall make a judgment.

It depends. If a debt incurred by one of the spouses for the daily needs of the family in his or her own name during the marriage is considered joint property and needs to be repaid jointly by both spouses even if they are not aware of it. Article 1064 of the Civil Code Debts incurred by the husband and wife as jointly 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.

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.

Article 1064 of the Civil Code of the People's Republic of China: Debts incurred by both husband and wife as jointly signed or later recognized 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's common life, joint production and business, or based on the common intention of the husband and wife.