Is the debt owed by one party during cohabitation a joint debt of both parties?

The debts owed by one party during the period of cohabitation may be joint debts, and because the cohabitation relationship is different from the relationship between husband and wife, it cannot be dealt with in accordance with the relevant provisions of the Marriage Law, and the money borrowed by the individual is generally repaid by the borrower himself. However, if the borrowed money is a debt for living and producing together, it is a joint debt of both parties, and the creditor can claim against both parties. For example, if one party borrows money to buy a car during cohabitation and uses it to sell goods at a shop in partnership with his girlfriend, if the husband does not repay the money owed, the creditor can demand the wife to pay it off.

According to Article 11 of the Several Opinions of the Supreme People's Court on the Trial of Living Together in the Name of Husband and Wife without Marriage Registration, "when an illegal cohabitation relationship is dissolved, the creditor's rights and debts formed during the period of cohabitation for production and living may be treated as joint creditor's rights and debts." It can be seen from this that regardless of the various debts, when it comes to the possibility of joint repayment, it is necessary to distinguish whether it is a joint debt, and then determine who should bear it, and generally speaking, the debt will not change because of the identity of the debtor.

Article 11 of the Several Opinions of the Supreme People's Court on the Trial of Living Together in the Name of Husband and Wife without Marriage Registration clearly stipulates that "when a relationship is dissolved, the creditor's rights and debts formed during the period of cohabitation for production and life may be treated as joint creditor's rights and debts".

Legal analysis: The debts owed by one party during the period of cohabitation may be joint debts, because the cohabitation relationship is different from the relationship between husband and wife, it cannot be dealt with in accordance with the relevant provisions of the Marriage Law, and the money borrowed by the individual is generally repaid by the borrower himself. However, if the borrowed money is a debt for living and producing together, it is a joint debt between the two parties, and the creditor can claim against both parties.

Legal basis: Article 307 of the Civil Code of the People's Republic of China stipulates that in terms of foreign relations, the co-owners enjoy joint and several creditor's rights and bear joint and several debts arising from jointly owned immovable or movable property, unless otherwise provided by law or the third party knows that the co-owners do not have joint creditor's rights and debts; In the internal relationship of the co-owners, unless otherwise agreed by the co-owners, the co-owners shall enjoy the creditor's rights and bear debts according to their shares, and the co-owners shall jointly enjoy the creditor's rights and bear debts.

A co-owner who repays debts in excess of his share shall have the right to recover from the other co-owners.

Article 308 of the Civil Code of the People's Republic of China provides that if the co-owners have not agreed on the immovable or movable property jointly owned by shares, or the agreement is not clear, it shall be deemed to be co-ownership by shares, unless the co-owners have a family relationship.

Article 1064 of the Civil Code of the People's Republic of China stipulates that debts borne by both husband and wife jointly signed or 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.

1. How to determine joint debts during the period of cohabitation1. The claims and debts formed by joint production and life are joint claims and debts. According to the Several Opinions of the Supreme Court on the Trial of Cases of Cohabitation by Husband and Wife without Marriage Registration, during the period of cohabitation, as long as the borrower is for the common interests of both parties to cohabitation, the purpose is to meet the needs of cohabitation and is used for cohabitation, production and operation, whether it is in the name of both parties or in the name of one of the parties, it shall be regarded as a joint debt during the period of cohabitation. 2. Debts incurred by a man and a woman before cohabitation, and debts incurred after cohabitation that are not related to living together can be recognized as personal debts.

In accordance with article 11 of the Several Opinions of the Supreme People's Court on the Trial of Cases of Cohabitation and Living in the Name of Husband and Wife without Marriage Registration, debts incurred by one party in the name of the cohabitant are presumed to be personal debts in accordance with article 11 of the Several Opinions of the Supreme People's Court on the Trial of Cases of Cohabitation and Living in the Name of Husband and Wife without Marriage Registration. It should be noted that the debts arising from the maintenance of common children are joint debts, and the debts arising from the maintenance and maintenance of their respective children are the personal debts of the obligor. 2. How to repay the cohabitation debt?

If it is determined that the debt is a joint debt formed by the two persons for the purpose of joint production and living during the period of cohabitation, both parties shall be jointly and severally liable, and even if one party dies, the other party shall be liable for the repayment of all joint debts. Where a share of a joint debt can be determined, it shall be enjoyed and borne in accordance with the share.

1. During the period of cohabitation, who will pay back the credit card consumption after the breakup.

Who bears the debts incurred during the period of cohabitation, and when determining whether the debt is a joint debt or an individual debt, it is necessary to consider the reasons for the occurrence of the creditor's rights and debts

1. Because the debts formed by joint production and life should be joint debts, the expenses borrowed and swiped by the parties during the period of cohabitation are all consumption for the purpose of life, and should be recognized as joint debts. Even if the cohabitation relationship is dissolved, the money should still be repaid jointly as a joint debt.

2. If a child is born during the period of cohabitation, the expenses incurred to raise the common child and the credit card consumption are joint debts and should be repaid jointly. However, if the debt incurred by using the card to support their respective children or to support their respective parents is a personal debt and should be repaid individually.

Article 11 of the Several Opinions of the Supreme People's Court on the Trial of Living Together in the Name of Husband and Wife without Marriage Registration Article 11 When an illegal cohabitation relationship is dissolved, the creditor's rights and debts formed during the period of cohabitation for production and life may be treated as joint creditor's rights and debts.

Legal analysis: Debts formed during the period of cohabitation for the purpose of joint production and living can be treated as joint debts.

The basis of the law is that Article 10 of the "Several Specific Opinions on How the People's Court Determines that the Relationship between the Husband and Wife Has Truly Broken Down in the Trial of Divorce Cases" When the illegal cohabitation relationship is dissolved, the creditor's rights and debts formed during the period of cohabitation for the purpose of joint production and living may be treated as the creditor's rights and debts of the communist family.

1. How to determine joint debts during the period of cohabitation 1. Claims and debts formed due to joint production and living difficulties are joint claims and debts. According to the Several Opinions of the Supreme Court on the Trial of Cases of Cohabitation by Husband and Wife without Marriage Registration, during the period of cohabitation, as long as the borrower is for the common interests of the cohabiting parties, the purpose is for the needs of cohabitation, and is used for cohabitation, production and operation, whether it is in the name of both parties or in the name of one of the parties, the debt relationship established with another person shall be regarded as a joint debt during the period of cohabitation. 2. Debts incurred by a man and a woman before cohabitation, and debts incurred after cohabitation that are not related to living together can be recognized as personal debts.

During the period of cohabitation, debts incurred by one party in the name of the individual shall be presumed to be personal debts in accordance with article 11 of the Several Opinions of the Supreme People's Court on the Trial of Cases of Cohabitation and Living in the Name of Husband and Wife by the People's Courts without Marriage Registration. It should be noted that the debts arising from the maintenance of common children are joint debts, and the debts arising from the maintenance and maintenance of their respective children are the personal debts of the obligor. 2. How to repay the cohabitation debt?

If it is determined that the debt is a joint debt formed by the two persons for the purpose of joint production and living during the period of cohabitation, both parties shall be jointly and severally liable, and even if one party dies, the other party shall be liable for the repayment of all joint debts. Where a share of a joint debt can be determined, it shall be enjoyed and borne in accordance with the share. III. Links to Relevant Legal Provisions Article 11 of the Several Opinions of the Supreme People's Court on the Trial of Cohabitation and Living in the Name of Husband and Wife without Marriage Registration Article 11 When dissolving an illegal cohabitation relationship, the creditor's rights and debts formed during the period of cohabitation for production and living may be treated as joint creditor's rights and debts.

To sum up, in practice, it is actually very necessary to identify the joint debts of men and women during the period of cohabitation, because at this time, the two parties do not belong to the relationship between husband and wife, and the cohabitation relationship is about to be dissolved, and there must be personal debts among all debts.

Cohabitation generally refers to the continuous and stable cohabitation between a man and a woman of the opposite sex without being husband and wife; Legal marriage, on the other hand, is usually a marriage between a man and a woman who have reached the legal age of marriage on a completely voluntary basis and without a prohibition on marriage, and when the marriage registration authority registers and issues a marriage certificate, it is a legal husband and wife, that is, a legal marriage.

1. According to Article 11 of the Supreme People's Court, when an illegal cohabitation relationship is dissolved, the creditor's rights and debts formed for production and life during the period of cohabitation may be treated as joint creditor's rights and debts.

2. If it is a debt incurred by one party during the existence of the husband and wife relationship, and the other spouse has no evidence to prove that the debt is the personal debt of the borrower, it is presumed to be a joint debt of the husband and wife.

1. Disposal of property during the period of cohabitation.

1. When the cohabitation relationship is dissolved, if one party suffers from a serious illness during the period of living together, and the property is divided, appropriate care shall be given or one-time financial assistance shall be given by the other party.

2. When dividing property, take into account the interests of women and children, consider the actual situation of the property and the degree of fault of both parties, and properly observe the division of property.

3. The income obtained jointly and the property purchased during the period of cohabitation shall be treated as general common property.

4. If one party dies during the period of cohabitation and the other party requests to inherit the deceased's estate, it can be handled according to the specific circumstances of the support. Where there are special provisions on the treatment of property and debts during the period of cohabitation, special provisions may apply; Where there are no specific provisions, in practice it is generally handled with reference to the provisions of the Civil Code. With reference to the provisions of the Civil Code, the following provisions shall be observed when dealing with property and debts during the period of cohabitation:

5. During the period of cohabitation, if the two parties have an agreement on property and debts, the agreement shall prevail; If there is no agreement, the dissolution of the cohabitation relationship shall be agreed upon by both parties. If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking into account the rights and interests of the children and the woman.

2. Debts repaid by individuals alone.

1. Agree in advance. Before borrowing money during the period of cohabitation, the parties agree on the subject, scope, and obligation of repayment, or one party will take the debt on itself to avoid having a relationship with the other party.

2. One party borrows money from a third party in its own name, and the third party does not know the information of the party living with it. For example, if Zhang San borrowed 30,000 yuan from Li Si for business, and Li Si borrowed money because he was a friend, and did not know that the other party was actually using it for his live-in girlfriend, then Li Si could not ask Zhang San's live-in girlfriend to repay the loan.

3. One party raises funds to engage in business activities without the consent of the other party, but the income is not used for living together. The main reason for the joint repayment of the debt incurred during the period of cohabitation is that the debt is for cohabitation, so if the loan is borrowed privately without consent and the debt is not used for the couple's cohabitation, then the other party is not required to repay.