What evidence is required to prove that the other party s loan is not a joint debt of the husband an

Those who prove that the loan is a joint debt of the husband and wife include: the joint signature of the husband and wife or the common intention of one of the husband and wife to recognize it afterwards; debts incurred for the daily needs of the family; The creditor can prove that the debt is used for the husband and wife's common life, joint production and business, or debts based on the common intention of the husband and wife.

[Legal basis].

Article 1064 of the Civil Code.

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, 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 joint intention of the husband and wife.

Article 1089.

In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint property is insufficient to settle the key or the property is owned separately, the two parties shall agree to settle it; If the agreement is not reached, the people's court shall make a judgment.

Legal analysis: Debts incurred by both husband and wife in the joint signature of the husband and wife or the subsequent recognition 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. The parties may frankly collect evidence that the joint debt is related to the joint life, production, business and other aspects of the husband and wife, or provide relevant evidence that both husband and wife recognize the debt, so as to prove that the debt belongs to the joint debt of the husband and wife.

Legal basis: According to Article 1064 of the Civil Code of the People's Republic of China, the debts borne by the husband and wife jointly signed or the joint intention of one of the husband and wife to be recognized afterwards, as well as the 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.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship beyond 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.

According to the law, joint debts are debts incurred to meet the needs of the husband and wife to live together. Joint debts are mainly debts arising from the needs of the husband and wife to live together as a family, as well as the management, use, income and disposal of joint property. The core criterion for determining whether it is a joint debt of husband and wife is not the time factor, the draft, the duration of the relationship between the husband and wife, but the factor of whether there is a purpose for the husband and wife to live together.

If it is a joint debt of the husband and wife, it shall be repaid jointly by both parties, but the personal debts unrelated to the life of the husband and wife can only be paid off by the borrower with personal property.

Rock Respect Code[Legal basis].

Article 1064 of the Civil Code stipulates that debts incurred by both 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 intention, 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. 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 considered 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.

Those who can prove that the loan is a joint debt of the husband and wife include: the debt borne by the joint signature of the husband and wife or the joint intention of one of the husband and wife to recognize it afterwards; Debts incurred by one of the spouses for the daily needs of the family during the existence of the marriage system; The creditor is able to prove that the debt is a debt of mutual intent between the husband and wife. [Legal basis].

Civil Code of the People's Republic of China Article 1064 Debts borne by both husband and wife jointly signed or by one of the husband and wife after the fact to recognize the common expression of intent such as a banquet, 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. 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.

According to the relevant laws of our country, in order to prove that the debt is a joint debt of the husband and wife, it is necessary to provide evidence to prove that the debt is used for family life, such as paying tuition fees for children and decorating houses. Article 1 of the "Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Debts between Husband and Wife" provides that debts borne by both husband and wife shall be deemed to be joint debts of husband and wife, such as joint signatures by both husband and wife or by one of the husband and wife after the fact. Article 2: Where a creditor claims rights over 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, on the ground that they are joint debts of the husband and wife, the people's court shall support them.

Article 3: Where a creditor claims rights over 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 on the grounds that they are joint debts of the husband and wife, the people's courts will not support them, except where the creditor can prove that the debts were used for the husband and wife's common life, joint production and business, or on the basis of the joint intention of the husband and wife. What are the characteristics of marital joint debts.

1. Temporal characteristics of the answer. Community debts generally arise during the duration of the relationship, i.e. from the date of marriage to the date of divorce. However, if one of the parties incurs debts before marriage for the purpose of future marital life, it should also be recognized as joint debts of the husband and wife.

2. Behavioral characteristics. There are specific reasons for the formation of joint debts of husband and wife, and these reasons basically include two categories: living debts and business debts. Living debts are mainly the needs of both husband and wife in order to maintain family life, including living together, raising children, supporting the elderly, etc.; Business debts are debts formed by the business activities engaged in by the husband and wife in order to increase the value of the joint property.

3. The nature of the debt. Since the property relationship between husband and wife is a kind of joint ownership relationship unless there is a special agreement with Honghui, it is determined that the joint debts of the husband and wife are joint and several debts, and either of the husband and wife has the obligation to pay all the joint debts, and one of the husband and wife has the right to recover the first complaint from the other party after payment.

4. Characteristics in efficacy. The joint debt of the husband and wife is an external liability in relation to creditors other than the husband and wife, and either spouse is obliged to pay all his or her joint debts, without distinguishing between the debts of the husband and wife.