If the husband owes debts, will the wife s bank account be frozen after the divorce?

Updated on society 2024-03-21
27 answers
  1. Anonymous users2024-02-07

    If the husband owes debts, will the wife's bank account be frozen after the divorce? First of all, if the husband is divorced after he owes debts, and at the time of the divorce, the parties have separated the division of property and debts, and the wife also has a part of the debt. If the debt is not assigned to the wife when the divorce is divorced, then the fact of the debt has nothing to do with the wife, and the two parties are corresponding free persons after the divorce, and there is no joint relationship, then the bank account will not be frozen, and this problem is mainly reflected in the division of divorce property and debts.

    However, there are many kinds of debts owed by the husband and the wife is not aware of the situation in this society, so at the time of divorce, if the debt is carried out without the wife's knowledge, the wife is not jointly and severally liable, and she does not have to pay for the husband's debt, so as to avoid her own debt problems, but if the wife is aware, then as the joint property before marriage, only the debt is also equally divided, so she has to bear part of the debt liability.

    There are many cases in real life, either the husband owes debts outside the house without telling his wife, and in the end all the debts are borne by the family, or even if it is a divorce, the wife is also in debt without knowing it, and there is also a situation where the husband is in debt and divorces his wife in order to keep the property data. Divide all the debts to yourself, and the wife leaves with the property, so that she can keep her property and not be controlled by the law, so there are many people nowadays who think of various ways to benefit themselves, in fact, this is not allowed by the law.

    As a citizen, you should still abide by the laws of the country, and for a husband, you should be responsible for the family, and it is better to do less in this case when you owe debts and need to freeze your bank account.

  2. Anonymous users2024-02-06

    It should not, it depends on the specific situation, and the divorce agreement must also explain the debt problem, which will generally not be frozen.

  3. Anonymous users2024-02-05

    If the husband owes a debt, if the debt owed by the husband is used for the joint life of the husband and wife, then it is a joint debt of the husband and wife, and even if the divorced wife has the obligation to repay the debt, if the debt owed by the husband is not used for the joint life of the husband and wife, the wife's bank card will not be frozen.

  4. Anonymous users2024-02-04

    First of all, if the husband is divorced after he owes debts, and at the time of the divorce, the parties have separated the division of property and debts, and the wife also has a part of the debt. Until the corresponding debts are paid, the wife's bank account will still be frozen

  5. Anonymous users2024-02-03

    This is based on the circumstances, when the law is enforced, the wife's bank account can be frozen according to the law, if the husband is in debt, the wife does not know, the money is not used for family life, the wife can not bear it, and the account will not be frozen.

  6. Anonymous users2024-02-02

    If it is before the divorce, it is likely to be frozen, and if it is after the divorce, the arrears will not be affected.

  7. Anonymous users2024-02-01

    This question is divided into two broad categories of questions: First, what exactly does it mean to be frozen? Secondly, it is whether the debt owed by the husband is a joint debt of the husband and wife.

    First, what does it mean to freeze?

    There are two types of freezing, one is the freezing of the trial procedure and the other is the freezing of the enforcement procedure.

    The freezing of trial proceedings generally refers to property preservation, which can occur before the prosecution, which we call pre-litigation property preservation. Of course, property preservation can also occur after the lawsuit is filed, and the preservation after the lawsuit is filed. It is also a necessary measure taken by the plaintiff in a general civil lawsuit for the purpose of general property preservation.

    The aim is to avoid the defendant as a party to the obligation. Malicious transfer of one's own property, resulting in the result that the judgment cannot be performed, and thus protecting the legitimate rights and interests of creditors to the greatest extent.

    In the case of freezing in the trial procedure, if the wife believes that the debt is not a joint debt of both parties, but a personal debt of the husband and has nothing to do with the wife, then the wife may explain the situation to the people's court and request that the preservation be lifted.

    Freeze in execution. is to execute the applicant application. The people's court seals the name of the person subject to enforcement in accordance with law.

    The underlying property mainly includes bank accounts. If the wife's bank account is frozen during the enforcement phase after the parties divorce, then it can be inferred that the wife has the obligation to repay the debts in the judgment, and the wife needs to fulfill her obligations in the judgment before the freeze can be lifted.

    Second, the nature of the debt should be characterized.

    If the debt occurred before the two got married and was not used for living together as a couple. If the wife also did not sign the agreement on the husband's external creditor's rights and debts, then the wife is not obliged to repay the debt because of the husband's personal debt, so if the wife's account is frozen at this time, the wife can explain the situation to the people's court to lift the preservation.

    If the debt occurred after the two people got married, and the money was used for the couple's living together, or if the wife signed her name in the loan agreement. According to the relevant laws and regulations, the debt should be a joint debt of the husband and wife, and the wife should also be liable for repayment. In this way, you can unfreeze your account.

    If the debt occurs after the two people get married, but the money is borrowed by the husband in his personal name, and the money is not used for the needs of the husband and wife to live together, and the loan agreement does not have the woman's own signature, then the debt is not a joint debt of the husband and wife, and the wife has no obligation to repay, if the wife's account is frozen at this time, the wife can explain the situation to the people's court, so as to release the preservation.

  8. Anonymous users2024-01-31

    No, first of all, your husband is used for gambling, so it is not a necessary property for your husband and wife to live together, and even if your husband owes it, it can only be regarded as his personal debt and will not fall on you. Therefore, whether it is before or after marriage, this gambling debt has nothing to do with you, and it will not be because. Your husband owes gambling debts and freezes your account, if it is frozen.

    It may be that the court does not understand the truth clearly, and you can provide evidence to explain that the debt relationship is a gambling debt, so you don't have to bear it.

  9. Anonymous users2024-01-30

    Gambling debts are not joint debts of the husband and wife, and there is no need to worry, the court will not freeze the account of the divorced wife.

  10. Anonymous users2024-01-29

    If the husband and wife divorce, the husband does not need to bear the debts between the other party, so his bank account cannot be blocked.

  11. Anonymous users2024-01-28

    It is necessary to see whether the debt is before or after the divorce, and it needs to look at how the debt is negotiated on the divorce agreement. If it has nothing to do with the wife, the wife's bank account will not be frozen.

  12. Anonymous users2024-01-27

    After the husband owes debts and divorces, the wife's bank account may be frozen. This is provided if the court determines that the debt owed by the husband is a joint debt of the family during the existence of the husband and wife.

  13. Anonymous users2024-01-26

    Will the wife's bank account be frozen after the husband owes debts and divorces? My wife's account should not be affected if I get divorced.

  14. Anonymous users2024-01-25

    It is possible that the joint debts incurred during the marriage need to be repaid with the joint property of the husband and wife.

  15. Anonymous users2024-01-24

    After the divorce, you have no financial relationship with this person, and the bank cannot freeze your bank card if he is in debt for any reason

  16. Anonymous users2024-01-23

    It depends on what the husband is doing in debt, if it is due to gambling or some other debt that is not used in the family, he is a personal debt, and the wife's bank account will not be frozen after the divorce.

  17. Anonymous users2024-01-22

    First of all, you must understand one thing, gambling debts do not require your spouse to be responsible, so if you can prove that this is a gambling debt when you divorce, the bank has no right to freeze your account!

  18. Anonymous users2024-01-21

    If the husband owes the husband a debt. After the divorce, the wife's bank account will not be frozen. Because there is no longer a husband and wife relationship.

  19. Anonymous users2024-01-20

    The husband owes debts, and after the husband and wife divorce, the two parties have no relationship, so the wife's bank card will not be frozen, but it is just to avoid debts and transfer assets privately, and once it is found out, it will be reinstated for legal responsibility.

  20. Anonymous users2024-01-19

    The husband owes debts, and after the divorce, the wife's bank card will not be frozen, unless the bank card will be frozen before the divorce.

  21. Anonymous users2024-01-18

    Will the wife's bank account be frozen after the husband owes debts and divorces? It depends on whether the debt owed by the husband is the debt of the husband and wife's joint money, and if you want to support the debt of **, it will not freeze the ex-wife's job search.

  22. Anonymous users2024-01-17

    If the debts owed by the husband and wife before the divorce are debts owed jointly by the husband and wife. After the divorce, the wife's account is easy to be frozen, and if the husband owes his own debts outside, and the wife is unaware, this situation should have other statements, in fact, it should not bear this responsibility.

  23. Anonymous users2024-01-16

    After I get divorced now, will my wife's bank account be frozen, and will it not be frozen if I get divorced.

  24. Anonymous users2024-01-15

    Yes, because the bank deposits before the divorce are the joint property of the husband and wife.

  25. Anonymous users2024-01-14

    The husband and wife are divorced, and the debts have nothing to do with the ex-wife.

  26. Anonymous users2024-01-13

    The account of the wife owed by the husband between husband and wife will generally not be frozen by the bank, but if the money owed by one party is a joint debt of the husband and wife, and the creditor files a lawsuit against the spouse in the people's court and applies for property preservation, the spouse's property may be frozen; Debts incurred by the husband or wife during the marriage are generally considered to be joint debts of the husband and wife, and both husband and wife are liable for repayment. If it is a personal debt of one party, it has nothing to do with the spouse.

    Debts incurred by a husband or wife during a marriage are generally considered to be joint debts of the husband and wife, and debts owed by the husband, and the court may freeze the wife's bank account in accordance with the law when enforcing the debts. If the husband is in debt to the outside world and the wife is not aware of it, and it is not used for family life, it is not a joint debt of the husband and wife, and the wife's property will not be frozen. 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. If there is no relevant evidence to prove that one party's debts are not used for the needs of the family after marriage, it is generally a joint debt of the husband and wife, and the debts should be paid off by the joint property of the husband and wife, so the other party's savings will be regarded as the joint property of the husband and wife and will be frozen.

    Legal basisArticle 1064 of the Civil Code of the People's Republic of China.

    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.

  27. Anonymous users2024-01-12

    Generally, when we encounter such a situation, first of all, don't panic too much, and don't think cranky, you can ask some people with legal knowledge.

    First of all, we have to look at whose name the husband borrowed money in his name, if the husband borrowed money in the husband's personal name when he borrowed money from the bank, and the money was used for the husband's personal consumption expenses, then for this situation, if he divorced his husband, his bank account would not be frozen, because this money has nothing to do with his wife's bank account. Therefore, at this time, we must recognize what kind of situation we are in now, and don't let ourselves be confused.

    If the husband is the wife who becomes the guarantor or co-borrower when the loan is taken, then the husband's failure to repay the money is likely to lead to the divorce and the wife becoming a member of the frozen bank account. Because in front of the borrowing bank, whether the husband and wife divorce or not, the two people belong to the same whole, so when facing such a whole, if both people have problems at the same time, it is necessary to hold the two people responsible, rather than blaming one of them at the same time.

    Finally, although the husband borrowed money in his own name, if the borrowed money is used for consumption with his wife, then in this case, the bank will also freeze his wife's bank account, because as long as the two people use the same money at the same time, as long as the money has been vacant and has not been returned, then the two people will bear the corresponding responsibility, and the two people must repay the debt at the same time.

    Therefore, if the consumption and borrowing of this money have the participation of the wife, then the wife must need to repay the money in the later stage, if the wife has nothing to do with the money, then even if the divorce is not divorced, the wife does not need to bear any part of the money, so it is very important to learn legal knowledge, which can help us judge in time what kind of situation we are in.

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