How should joint debts be handled?

Article 41 of the Marriage Law stipulates that debts incurred by husband and wife in connection with their common life 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.

This article defines the scope of joint debts of husband and wife: Debts originally incurred by the husband and wife during their common life; It clarifies the responsibility for repayment and should be repaid jointly; The method of repayment shall be settled by the joint property, and if the joint property is insufficient, the property owned by each shall be used to settle the repayment, and the amount to be repaid shall be settled by the parties to the divorce through negotiation, and if the agreement is not reached, the people's court shall make a judgment.

In general, the following principles should be followed in the settlement of joint debts:

1. The principle of equality. The Marriage Law stipulates that the property of the husband and wife shall be jointly owned and the joint debts shall be paid together, and that they shall have equal rights to dispose of the joint property.

2. The principle of consensus. For the repayment of the joint debts of the husband and wife, both parties should proceed from their actual bearing capacity and economic capacity, and settle it through consultation, which can be more or less, or it can be borne by one person in full. If the negotiation fails, a lawsuit may be filed with the People's Court, and the people's court will make a decision.

3. The principle of protecting the legitimate rights and interests of creditors from infringement in accordance with the law.

Fourth, the principle of giving preference to women or those who are in financial difficulty.

Generally speaking, as a joint debt of husband and wife, two conditions should be met: (1) The debt occurred during the existence of the marital relationship. (2) The purpose of borrowing is to meet the needs of common life or production and operation.

Legal Analysis: 1. The joint debts that have matured should be repaid jointly by the husband and wife.

2. If the joint property of the two parties is insufficient to pay off, the two parties shall agree to determine the share of the joint debt that each party shall bear.

3. If the agreement between the two parties fails, the court shall rule that both parties shall bear the debts according to a certain proportion or let the party with strong economic ability bear the debts alone.

Legal basis: Article 1089 of the 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. If the joint property is not repaid with the front foot or the property is owned by each other, the two parties shall agree to settle the repayment; If the agreement is not reached, the people's court shall make a judgment.

Generally speaking, as a joint debt of Zheng Hunger and his wife, two conditions should be met: (1) The debt occurred during the existence of the marriage system. (2) The purpose of borrowing is to meet the needs of common life or production and operation.