Husband and wife divorce, husband owes debts, wife leaves the house, do you still need to repay debt

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.

Paragraph 1 of Article 17 of the Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts stipulates that debts incurred by husband and wife for the purpose of living together or for the performance of maintenance and maintenance obligations shall be deemed to be joint debts of the husband and wife, and shall be paid off with the joint property of the husband and wife at the time of divorce.

Article 24 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that if a creditor claims rights in respect of a debt incurred by one of the spouses 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. 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.

Article 25 stipulates that if the divorce agreement of the parties or the judgment, ruling or mediation document of the people's court has already dealt with the issue of the division of marital property, the creditor still has the right to claim rights against both the husband and the woman in respect of the joint debts of the husband and wife.

Where, after one party bears joint and several liability for the repayment of joint debts, claims recovery from the other party on the basis of the divorce agreement or the legal documents of the people's court, the people's court shall support it.

Paragraph 2 of Article 17 of the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts stipulates that the following debts are not joint debts of the husband and wife, but shall be paid off by one party with personal property:

1. Debts that the husband and wife agree to bear by themselves, except for the purpose of escaping debts;

2. Without the consent of the other party, one party finances the debts of relatives and friends who have no obligation to support them;

3. One party has engaged in economic activities without the consent of the other party, and its income has not been used for debts incurred in common life;

4. Other debts that should be borne by individuals.

Paragraph 3 of Article 19 of the Marriage Law stipulates that if the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, they shall be paid off with the property owned by the husband or the wife.

Debts incurred during the relationship are to be paid.

1- According to the results of the negotiation between the parties.

2- If the other party does not ask for repayment of the debt, it can not be repaid.

3- The court will generally judge on the basis of an agreement between the two, and it is generally held that the person who leaves the house does not bear or bears less debts.

Look at the specific situation and analyze it on a case-by-case basis.

Debts incurred during the marriage of husband and wife are joint debts of the husband and wife unless there is a special written agreement in advance, and debts incurred by one party before marriage are also joint debts if the money borrowed is used for the family to live together after marriage, and the husband and wife need to bear the responsibility for repayment together. In the event of a divorce, the couple can agree that one of the spouses will bear all the joint debts, but this agreement cannot be used against the legitimate rights of a third party.

The creditor may sue the parties and the husband and wife for creditor's rights, may apply to freeze the respective assets of both parties, and may apply for enforcement after winning the lawsuit.

Where one of the husband and wife bears joint and several liability for the repayment of joint debts, and claims recovery from the other party based on the divorce agreement or the legal documents of the people's court, the people's court shall support it.

Legal analysis: If the husband owes a debt after divorce, if it is a joint debt of the husband and wife, the wife should repay it jointly, and if it is a personal debt, it does not need to be repaid. Where the joint property is insufficient to be repaid or the property is owned by each other, the two parties shall settle it by agreement, and if it is a personal debt, the individual shall bear the responsibility for repayment.

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

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

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 an expression of common intent such as retrospective 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 person who makes the creditor's right can prove that the debt is used for the husband and wife's common life, joint production and business, or based on the joint intention of the husband and wife.

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.

Legal Analysis: The joint debts of the husband and wife, regardless of whether they are divorced or not, shall be borne jointly by both parties in principle. If one party borrows money in his or her own name without the consent of the other party, or if it is not used for the joint life and business of the husband and wife, it is a personal debt.

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.

The debts incurred by one party in the event of divorce are: if they are joint debts of the husband and wife, they shall first be repaid jointly by the joint property; 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. If it is a personal debt of one party, if there is no special agreement, it shall be repaid by the individual.

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 their 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.

Civil Code of the People's Republic of China

Article 1089.

In the event of divorce, the 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.