Is the borrowing of a separated wife a joint debt of the husband and wife?

With regard to the issue of joint debts of husband and wife, China's current Marriage Law does not have specific and clear provisions on joint debts of husband and wife. At present, in the trial of divorce cases, on the issue of joint debts of husband and wife, judges mainly rely on article 17 of the Supreme People's Court's Fa Fa No. 32 "Several Specific Opinions on the Handling of Property Division Issues in Divorce Cases by People's Courts": "Debts incurred by husband and wife for living together or for the purpose of fulfilling maintenance and maintenance obligations shall be recognized as 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."

The following debts cannot be recognized as joint debts of the husband and wife and shall be paid off by the personal property of one of the parties: debts that the husband and wife agree to bear individually, except for the purpose of escaping debts. Without the consent of the other party, one party finances the debts incurred by relatives and friends who have no obligation to support him/her.

One party has engaged in business activities without the consent of the other party, and its income has not been used for debts incurred by the husband and wife in their common life. Other debts that should be borne by the individual. "Legal basis:

Article 17 of the Specific Opinions on the Handling of Property Division Issues in Divorce Cases by People's Courts Article 17: Debts incurred by husband and wife for the purpose of living together or for the performance of maintenance and maintenance obligations shall be recognized as 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. The following debts cannot be recognized as joint debts of the husband and wife and shall be paid off by the personal property of one of the parties: debts that the husband and wife agree to bear individually, except for the purpose of escaping debts.

Without the consent of the other party, one party finances the debts incurred by relatives and friends who have no obligation to support him/her. One party has engaged in business activities without the consent of the other party, and its income has not been used for debts incurred by living together. Other debts that should be borne by the individual.

Hello, Article 41 of the Marriage Law of the People's Republic of China clearly stipulates that in the event of divorce, the debts originally incurred by the husband and wife living together should be repaid jointly. Under normal circumstances, debts incurred during the existence of the relationship between husband and wife are generally recognized as joint debts of husband and wife, and both husband and wife shall repay them jointly. However, 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, this is not the case where one of the spouses 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. In other words, there are two exceptions to the joint debts of husband and wife: first, the creditor and the debtor have expressly agreed that they are personal debts; Second, the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other.

If the debts incurred during the relationship between the husband and wife meet the above two conditions, the debts are not joint debts of the husband and wife, and the husband or wife who has not borrowed money is not liable for repayment.

Separation is not divorce.

If used for life.

It is a joint debt between husband and wife.

If it is an illegal debt such as gambling, it belongs to an individual.

Borrowing money during separation does not have to be a joint debt.

Debts incurred during the period of separation shall be recognized as joint debts of the husband and wife in the same way, with two exceptions:

1. One of the husband and wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt;

2. If the husband and wife agree that the property acquired during the existence of the marital 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, the debts incurred by the husband or wife shall be paid off with the property owned by the husband or the wife.

To determine whether the debts incurred during the marriage are personal debts or joint debts of the husband and wife, the following two criteria should be referred to to the following two criteria: whether the husband and wife have agreed to jointly raise debts; Whether the husband and wife share the benefits of the debt.

Legal basis] Article 1064 of the Civil Code, debts borne by the joint signature of both husband and wife or the subsequent recognition of the common intention of one of the husband and wife;

and the debts incurred by one of the spouses in his or her own name for the daily life of the family during the existence of the marital relationship, which are joint debts of the husband and wife.

Debts incurred by one of the husband and wife 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.

Legal Analysis: Borrowing money during separation is not necessarily a joint debt of the husband and wife, because separation is not the dissolution of marriage; However, if one party is a debt incurred by his or her personal life and business, and the income is not used for family life, it is a personal debt of one party and shall be borne by the individual.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife in the joint signature of the husband and wife or the recognition of the husband and wife in the first judgment and after the fact, 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 operation, or based on the common intention of the husband and wife.

Borrowing money during separation is not necessarily a joint debt, as separation is not a dissolution of marriage; However, if one party is a debt incurred by his or her personal life and business, and the income is not used for family life, it is a personal debt of one party and shall be borne by the individual. Legal basis: Article 1064 of the Civil Code of the People's Republic of China Article 1064 Debts borne by the husband and wife in the joint signature of both husband and wife or by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, 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.

If one of the spouses borrows money during separation, whether the debt is joint depends on the circumstances. 1. If one of the husband and wife owes money, but is later recognized by the other party, it is a joint debt. 2. The debts of one of the husband and wife in his or her own name for the daily life of the family during the existence of the marital relationship are joint debts of the husband and wife.

3. If the creditor can prove that the debt is used for joint production and operation, it is a joint debt. 4. If one of the husband and wife incurs debts in his or her own name during the existence of the marital relationship that exceed the daily needs of the family, it is not a joint debt of the husband and wife. Article 1064 of the Civil Code stipulates that debts incurred by the husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the subsequent recognition of the common expression of intent, as well as debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship for the daily needs of the family, 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, unless the creditor can prove that the debt was used for the husband and wife's common life, joint production and operation, or based on the common intention of the husband and wife.

Borrowing money during separation is not necessarily a joint debt, as separation is not a dissolution of marriage; However, if one party is settling the debts incurred by his or her personal life and business, and the income is not used for the common life of the family, it is the personal debt of one party and the individual shall bear it by himself.

"Legal basis:Article 1064 of the Civil Code of the People's Republic of China.

Debts incurred by both husband and wife with the joint signature of the husband and wife or by one of the husband and wife after the fact, such as the joint intention of one of the husband and wife, as well as the debts incurred by 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.