The joint creditors divide the property, and the contract stipulates how to divide the property thro

It is necessary to determine whether it can be transferred according to the actual content of the contract. According to the law, the creditor may transfer all or part of the creditor's rights to a third party, except in any of the following circumstances: (1) it may not be transferred according to the nature of the creditor's rights; (2) It shall not be transferred in accordance with the agreement of the parties; (3) It shall not be transferred in accordance with the provisions of law.

Where the parties agree that non-monetary claims may not be assigned, they must not be used against a bona fide third party. If the parties agree that monetary claims may not be assigned, they shall not be used against a third party.

Article 545 A creditor may transfer all or part of the creditor's rights to a third party, except in any of the following circumstances: (1) It may not be transferred according to the nature of the creditor's rights; (2) It shall not be transferred in accordance with the agreement of the parties; (3) It shall not be transferred in accordance with the provisions of law. Where the parties agree that non-monetary claims may not be assigned, they must not be used against a bona fide third party.

If the parties agree that monetary claims may not be assigned, they shall not be used against a third party.

1. How to divide the joint creditor's rights in divorce cases in the Civil Code.

The Civil Code stipulates that when a husband and wife divorce, the joint creditor's rights of the husband and wife belong to one of the joint properties, which shall be divided by the two parties through negotiation, and if the negotiation fails, they may file a lawsuit with the court for division.

Civil Code of the Nahua People's Republic of China

Article 1062:[Joint Property of Husband and Wife]The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1087:[Disposition of Joint Property of Husband and Wife in Divorce]In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement of both parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

2. What are the joint debts of the husband and wife?

At the time of divorce, the parties should divide the property and debts, and the debts incurred by the husband and wife due to living together are called joint debts of the husband and wife, and the husband and wife shall jointly bear the responsibility for repayment, unless the parties have agreed at the time of divorce. According to the relevant provisions of the Civil Code, the joint debts of husband and wife mainly include the following aspects:

1. The debts incurred by one party before marriage for the purchase of the property of Mu Hidden have 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 incurred by one party engaged in production and business activities, and the business income is used for family life or shared by spouse;

4. Debts incurred by one or both spouses for medical treatment and for the treatment of persons with legal obligations;

5. Debts incurred due to raising children;

6. Debts incurred by the elderly who have the 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.

The family property division agreement generally contains three parts, the first part of which is the basic information of the parties to the family property division agreement. The second part is the content of the division of family property, such as the ownership of property. The third part is the remedies in the event of a breach of contract by one party.

Legal basis] Article 1065 of the Civil Code of the People's Republic of China.

The man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly or partly separately and 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.

Exemption from the obligation to raise children is a duty of parents and cannot be waived for any reason. Many people draw up marital property agreements and ask that if they do not want to have children, whoever wants them will bear all the costs of raising the children. The validity of such an agreement cannot be said to be completely invalid.

The lawyer answered: If I didn't catch Xianbi Mengxing, there is no evidence to prove this matter. As for the distribution of divorce property, the savings are generally considered to be a common type of return to wealth, and you two share it equally. The same is true for other common property.

The law does not provide for the inability to divide joint property while claiming joint debts. According to the law, joint debts of husband and wife need to be repaid jointly by both husband and wife, and it is also the right of both parties to divide the joint property of the husband and wife.

Legal basis

Article 1087 of the Civil Code of the People's Republic of China provides that in the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; If the agreement fails, the people's court shall, on the basis of the specific circumstances of the property, make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party. Article 1089 of the Civil Code of the People's Republic of China provides that in the event of a divorce, the joint debts of the husband and wife shall be repaid jointly.

Generally speaking, it is not possible to divide joint property without divorce, except in special circumstances. For example, if a person with a legal obligation to support is suffering from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses, or during the existence of the marital relationship, one party has hidden, transferred, sold, damaged, squandered or squandered the joint property of the husband and wife.

Legal basis

Article 1066 of the Civil Code of the People's Republic of China.

During the existence of the marital relationship, in any of the following circumstances, one of the husbands and wives may request the people's court for the distribution of the joint property:

1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or falsifying the joint debts of the husband and wife;

2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

Legal analysis: The clause on the division of property in the divorce agreement or the agreement reached by the parties on the division of property as a result of the divorce is legally binding on both the man and the woman.

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 in person at the marriage registration office. The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the consensus reached on matters such as careful custody of children, property and debt handling.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by the husband or wife in the contracting and management of family land shall be protected in accordance with the law of leniency.