My husband owes a debt, does my wife have to pay it back? If the husband owes the debt, does the wif

According to the law, if the woman does not sign the loan, or you have sufficient evidence to prove that the loan is used for the husband and wife to live together, otherwise it is a personal debt of the man and the woman does not have to pay back.

Whether the husband owes money and whether the wife has an obligation should be analyzed according to the specific situation. During the subsistence of the marital relationship, the debts owed by one party outside the home shall be regarded as joint debts of the husband and wife as long as they are used for family life or joint investment and business operations of the family, and the husband shall not pay them back now, and the wife shall be obliged to repay them.

If it is a debt owed by the man alone, which is used for personal investment or consumption, it is a personal debt, and the woman has no obligation to repay.

In addition, the Civil Code

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. 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 belong to each other, 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.

The wife has no obligation to repay the debts owed by the husband before marriage. After marriage, if the money owed by the husband is a huge debt, which obviously exceeds the daily expenses of the family, and there is no signature confirmation or recognition from the wife, the wife does not have to bear the obligation of joint repayment.

According to Article 1064 of the Civil Code, one of the husband and wife shall be in his or her own name during the existence of the marital relationship

Legal analysis: The husband owes money and the wife is obliged to repay, and the debts incurred by one party during the marriage are generally regarded as joint debts when divorced and need to be repaid jointly. However, this is not the case if the wife has evidence that the husband's loan was not used for the joint living of the husband and wife.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife as 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, 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.

Debts owed during the marriage are often recognized as joint debts of the husband and wife, and are to be repaid jointly by the husband and wife.

Whether the husband owes money and whether the wife has the obligation to be analyzed according to the specific situation. During the subsistence of the marital relationship, the debts owed by one party outside the country shall be regarded as joint debts of the husband and wife as long as they are used for family life or jointly invested and operated by the early potato family, and the husband shall not pay them back now, and the wife shall be obliged to repay them. If it is a debt owed by the man alone, which is used for personal investment or consumption, it is a personal debt, and the woman has no obligation to repay it.

Legal Analysis: Specific situations require a case-by-case analysis. The husband owes money, and the wife does not necessarily have to be liable to pay it back.

The situation where the wife needs to bear joint and several liabilities for repayment is mainly aimed at the situation of joint debts and joint signatures. The wife is not jointly and severally liable for debts that are not genuinely unknown to the wife and are not used for the daily needs of the family, or for personal debts incurred by the husband before the marriage, regardless of whether they are married or divorced. However, if the debt arises during the existence of the relationship between the husband and wife, and at the same time it is a debt confirmed by both parties, or the wife has recognized the debt after the fact, then the wife will of course be liable accordingly.

There is also a situation where although the debt is signed by the husband in his own name, but the debt is mainly used for the needs of the family community and production of both parties, and the creditor can demand the wife to bear the corresponding responsibility. Therefore, the husband owes money and the wife does not necessarily need to pay the debt.

Legal basis: Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Debts between Husband and Wife

Article 1: Debts borne by both husband and wife jointly signed or later recognized by one of the husband and wife, or other common expressions of intent, shall be found to be joint debts of husband and wife.

Article 2: Where a creditor claims rights over 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 grounds that the debts are jointly paid by the husband and wife, the people's court shall support them.

Article 3: Where a creditor claims rights over debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship that exceed the daily needs of the family on the grounds that they are joint debts of the husband and wife, the people's courts will not support them, except where the creditor can prove that the debts were used for the husband and wife's common life, joint production and business, or based on the joint intention of the husband and wife.

Legal analysis: in the name of both parties, or for common living, it must be returned. Debts incurred 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 the name of a person for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife and need to be repaid.

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 in the subsequent recognition of the common 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.

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.