After the divorce, the husband and wife divide the joint property equally, and the debts are also eq

The provision is that the parties may divide the joint property and debts by mutual agreement.

The agreement between the two parties to divide the debts is valid for both parties and cannot oppose the legitimate rights and interests of a third party, and the creditor may file a lawsuit against the divorced parties to claim creditor's rights.

Marriage Law: Article 39 In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 41: At the time of divorce, debts originally incurred by the husband and wife while 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.

Judicial Interpretation II of the Marriage Law:

Article 24 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 handled 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.

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.

Article 25: Where the parties' divorce agreement or the people's court's judgment, ruling, or mediation document 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.

Legal Analysis: Not necessarily. In the event of a divorce, the method of division of joint property is:

1. Negotiate and deal with it. In the event of divorce, both men and women have the right to decide on the ownership of property according to the wishes of both parties, and the parties shall divide it according to a certain proportion. 2. The people's court shall make a judgment in accordance with relevant principles.

If the man and woman fail to reach an agreement through negotiation, the people's court shall make a judgment on the basis of the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children and the woman. Therefore, the property is not necessarily divided equally when the couple divorces.

Legal basis: Article 1087 of the Code of the People's Republic of China on the Wisdom of the People's Republic of China In the event of a divorce, the joint property of the husband and wife shall be disposed of by agreement between the two 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 family land contracts and in the course of property and property operations shall be protected in accordance with law.

Hello, not necessarily decified.

After the divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint property is insufficient to be settled, or if the property is owned separately, the parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment. Specifically, it is also necessary to judge the situation of the joint debts and joint circular fiber property of the husband and wife.

Relevant legal provisions] Civil Code of the People's Republic of China

Article 1089: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.

After divorce, the joint property of the husband and wife is not necessarily divided equally. In principle, the joint property of the husband and wife should be divided equally, but in practice, it can also be reasonably distributed according to the economic situation of both parties, and it is also possible if the two parties negotiate on their own and divide it evenly. or if the parties have an agreement on the property during the existence of the marital relationship, the joint property of the husband and wife may be disposed of in accordance with the agreement.

Legal basis] Article 1087 of the Civil Code of Tamu provides that in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property, and Zheng Shu shall 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.

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