Whether the marital debts should be repaid in the estate

After the dissolution of the joint property of the husband and wife, the joint debts shall be repaid as part of the inheritance.

1. Article 33 of the Inheritance Law The inheritance shall pay off the taxes and debts that the decedent shall pay in accordance with the law, and the payment of taxes and debts shall be limited to the actual value of his estate. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs. If the heir renounces the inheritance, he may not be liable for repaying the taxes and debts that the decedent should pay in accordance with the law.

2. Joint debts of husband and wife refer to debts incurred to meet the needs of the husband and wife living together. Joint debts are mainly debts arising from the needs of the husband and wife for their common life, as well as the management, use, income and disposal of joint property.

The scope of joint debts of husband and wife includes the following:

1) Debts incurred for the purchase of property borrowed by one of the parties before the marriage has been converted into joint property of the husband and wife;

2) Debts incurred by the husband and wife for the common life of the family;

3) Debts incurred by husband and wife jointly engaged in production or business activities, or debts incurred by one party engaged in production and business activities, and the business income is used for family life or shared by spouses;

4) Debts incurred by one or both spouses for medical treatment and for the treatment of persons with legal obligations; (For example, if you incur a debt for the payment of living expenses, medical expenses, education expenses, etc., for relatives who must be raised, supported, or supported, such debts are joint debts of the husband and wife because they are formed by the performance of legal obligations, and should be borne jointly by the husband and wife.) ）

5) Debts incurred for raising children;

6) Debts incurred by the elderly who have an obligation to support them;

7) Debts incurred to pay for the education and training expenses of one or both spouses;

8) Debts incurred to pay for legitimate and necessary social interaction expenses;

9) Debts that are agreed upon by the husband and wife as joint debts;

10) Other debts that shall be recognized as joint debts of husband and wife.

1. If it is a joint debt of the husband and wife, the spouse shall bear the obligation to repay.

2. If it is not a joint debt of the husband and wife, but the personal debt of the deceased party: the estate of the deceased shall be repaid, and the estate shall include half of the personal property of the deceased party and the joint property of the husband and wife.

3. After the death of one party, if its first-order heirs inherit the estate, the heirs who inherit the estate shall bear the responsibility of repaying the debts of the deceased within the scope of the inherited estate; If the inheritance is renounced, the heir is not obligated to repay the debt, and the debt is paid with his estate.

1 The law stipulates that the inheritance of an heir shall be carried out after deducting the debts owed by the heir. 2 The IOU is a joint debt of your husband and wife. You have an IOU to prove the existence of the borrowing behavior.

Your mother-in-law has a bill that doesn't mean the money wasn't borrowed. 3 If the inheritance is renounced. The specific debt is for you and your children to bear.

4 Company Issues: Your lover's aunt's practice is illegal. You and your children should inherit your lover's shares in the company during his or her lifetime 5 depending on the evidence. Only the proof is not very sufficient.

It is best to get a lawyer to intervene in specific matters. Legal knowledge and experience are required to operate.

Trouble, thanks!

There are all kinds of contradictions in society, especially the problem involving the death of one party is very serious, but there are some situations and problems involving different occupations, especially after the death of the spouse of our traveling party, if the husband and wife have joint debts, whether we need to settle the debts in our law and then carry out a distribution, in fact, before the joint property of the husband and wife should be redistributed in the laws of our country, the part of the inheritance should be repaid. <>

If you don't have a common inheritance, then you don't need to repay the joint debt, but what you owe in the fifth is logically the husband and wife, and both parties repay it together, and you still need to repay this part of the debt when you don't have a legal separation. Therefore, whether you need to pay off your debts or file trembling needs to be carried out, and there is a certain legal appraisal. Therefore, in the case of Yiban, if it is a joint debt between the two of you, even after the distribution of the inheritance in the Xingdou era, you may still have to pay off the debt, because at the beginning, after you have distributed the property, you still have a certain debt relationship, whether your husband or your spouse dies, you may need to repay part of the debt.

Although this matter may sound very difficult for you to accept, but the fact is that the laws of our country are also to protect the interests of each of our citizens, and will not lower the standards and requirements for you because you have undergone some major changes, so even after such a thing, the joint debts of the two of you may still need you to repay part of it, but you do not need to pay it off alone. Therefore, if such a thing really happens, we still need to understand our obligations, not to mention, because some of the legal ignorance causes us to suffer greater losses. <>

Of course, this is the need for shakuho to pay off the debts and then make a distribution of cherry blossoms. Because the law stipulates that, even the spouse needs to repay a certain amount of expenses.

Yes. Under normal circumstances, some debts will be repaid first, and even if the debts are not repaid, others will inherit some debts when they inherit the estate.

Yes, because joint debts need to be borne jointly, these debts should be dealt with first.

It depends. If the debt is not yet due, you can inherit the estate first and pay it off later, because it is a joint debt and you will definitely need to pay it back.

The joint debts of the husband and wife shall be paid off with the joint property, and if the joint property is insufficient to pay off or the property is owned by each other, the two parties shall agree to pay off; If the agreement is not reached, the people's court shall make a judgment.

Article 1089 of the Civil Code.

Settlement of joint debts of husband and wife in the event of divorce] 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.

1. Is the inheritance inherited during marriage the joint property of the husband and wife?

Inheritance inherited during marriage is generally the joint property of the husband and wife, unless otherwise provided in the will. The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except for property that is determined in a will or gift contract to belong to only one party;

5) Other property that shall be jointly owned.

2. What debts are joint debts of the husband and wife.

1. Debts incurred by husband and wife for the common life of the family. such as debts incurred for the purchase of common household goods; Debts incurred for the purchase and renovation of the house in which they live together; Debts incurred to pay for a party's medical expenses.

2. Debts incurred by one or both spouses for the performance of statutory maintenance obligations.

3. Debts incurred in the performance of statutory maintenance obligations.

4. Debts incurred to pay for the education and training expenses of one or both spouses. Debts incurred by the husband and wife for engaging in legitimate cultural, educational, recreational activities, sports activities, etc.

5. Debts incurred to pay for legitimate and necessary social interaction expenses.

6. Debts incurred by husband and wife engaged in joint production and business activities. The production and operation of the co-selling brother Li Tong here includes both the husband and wife engaging in investment, production and business activities together, and also the situation where one of the husband and wife engages in production and business activities but the benefits are shared by the Zhongchi family.

7. Debts that are agreed upon by the husband and wife as joint debts. Debts to be borne jointly by agreement between the spouses should be included in the joint debts of the spouses, even if the benefits of the debt are not shared by the marriage.

Summary. In the event of the death of one of the husband or wife, the surviving spouse shall be liable for the repayment of the joint debts of the husband and wife during the existence of the marital relationship. In addition, if one of the husband and wife, as the heir, inherits the estate of the other party, the debts of the deceased shall be repaid up to the share of the inheritance.

In the event of the death of the wife, the joint property and joint debts of the husband and wife shall not be jointly borne by the heirs of the estate.

Hello dear. I've found the answer for you, and I'm back, and the correct solution is as follows: the husband and wife should bear the joint debt, and the other party should bear it, and repay it with the joint property of the husband and wife.

Legal basis] Article 1161 of the Civil Code provides that the heir shall pay off the taxes and debts that the decedent shall pay in accordance with the law within the limit of the actual value of the inheritance obtained. This limit does not apply to the part of the actual value of the estate that exceeds the actual value of the estate, and the heirs voluntarily repay it. If the heir renounces the inheritance of the successor, he may not be liable for the taxes and debts that the decedent shall pay in accordance with the law.

Dear, please describe the specific situation, and I will conduct a comprehensive analysis for you<>

When the wife dies of illness and borrows a lot of money during her lifetime, will the husband have to repay all the debts after his death?

The debt is the personal debt of the deceased and the debt is the joint debt of the husband and wife to be repaid.

In the event of the death of one of the husband or wife, the spouse shall be liable for the repayment of the debts of the husband and wife during the existence of the marital relationship. In addition, if one of the husband and wife, as the heir, inherits the estate of the other party, the debts of the deceased shall be repaid up to the share of the inheritance.

Article 1089 of the Civil Code of the People's Republic of China provides that in the event of a divorce, the joint debts of the husband and wife shall be repaid jointly. If the property of the joint Wang Laqi is insufficient to be repaid or the property is owned by each other, the two parties shall agree to pay it off; If the agreement fails, the People's Court shall make a judgment.

The wife was born and was ill and could not **, and during the treatment period, the husband and the husband did their best to raise funds for **, and the wife also borrowed the arrears in her own name for the reasons of the treatment of the disease, and whether the husband should repay all the arrears after the death of the illness.

During the period when the wife was suffering from the disease, the husband did his best to raise funds for the purpose of raising money, and the arrears borrowed by the wife in his personal name for medical treatment, all of which were incurred during the existence of the relationship between the husband and wife.

Property acquired by the husband and wife during the marriage is the joint property of the husband and wife, including debts incurred during that period.

After the death of his wife, the husband is responsible for the debts owed by his wife during the period of treatment and is responsible for paying these debts.

Is that what it means that all debts must be repaid?

That's right, dear.

If there is no inheritance after the death of one of the spouses, the joint family debt still needs to be repaid. Joint family debts are paid by the husband and wife with joint property. If the joint property is insufficient to be repaid or the property is owned by each other, the two parties shall negotiate their respective shares of repayment, and if the negotiation fails, the court shall make a judgment.

If one party dies, the other party needs to continue to repay according to the agreed share or the provisions of the judgment.

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 husbands and wives in the name of the individual during the marriage 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.

A joint family debt without an inheritance, and if it is a joint debt, the spouse is obliged to pay it; If no inheritance occurs, it will be repaid in the borrower's estate; If the inheritance has occurred, the children shall repay it within the scope of the inherited estate, and if the inheritance is abandoned, they will not be liable for it. Article 1127 of the Civil Code stipulates that inheritance shall be carried out in the following order: (1) First order:

spouse, children, parents; (2) Second order: siblings, grandparents, maternal grandparents. After the succession begins, it is inherited by the first-order heirs, and the second-order heirs do not; If there is no first-order heir to inherit, the second-order heir shall inherit.

For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children, and stepchildren with a dependent relationship. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship. The term "brothers and sisters" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

Yes, the debts incurred during the existence of the relationship between the husband and wife shall be paid off with the joint property, and when the joint property is divided in divorce, the joint debts shall be paid off first, and the balance after settlement shall be divided by the husband and wife through negotiation.

There are two ways to deal with a divorce when a husband and wife take out a joint loan for a house:

1. Sell the house directly, repay the loan first with the proceeds from the sale, and negotiate the distribution of the rest.

2. The ownership of the house belongs to one of the husband and wife, and one of the spouses owns the real estate registration and continues to repay the mortgage;

The person who owns the house should give monetary compensation to the other party.

According to the relevant provisions of the Civil Code of the People's Republic of China, the movable property of the husband and wife shall be disposed of by agreement between the two parties when they divorce.

If no agreement can be reached, the people's court may make a judgment that the immovable property belongs to the party with property rights registration, and the party with property rights registration shall compensate the other party.

According to Article 1087 of the Civil Code, in the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement;

If an 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 the rights and interests of the innocent party.

Debts incurred by living together shall be paid off with the joint property of the husband and wife.

The joint property of the husband and wife means:

Wages, bonuses, income from production and business, income from intellectual property rights, property not specified in a will or gift contract as belonging to only one of the spouses, and other property that should be jointly owned.

Debts incurred during the existence of the relationship between husband and wife shall be paid off with joint property, and at the end of the divorce division of common property, the joint debts shall be paid off first, and the balance after settlement shall be divided by the husband and wife through negotiation.

If a husband and wife take out a loan before the divorce for reasons such as living together, maintaining or raising them, etc., they shall be distinguished by the joint property of the husband and wife, and if the loan has not been repaid after the divorce, it shall be repaid with the joint property of the husband and wife.