-
Anonymous users2024-02-07Legal Analysis: Joint debts of husband and wife are to be repaid jointly by the husband and wife. If there is no agreement on the division of the debts of the husband and wife at the time of divorce, the court may be requested to make a judgment on the division.
In the case of personal debts of one spouse, one spouse shall repay them personally, and the creditors of the other spouse shall not have the right to claim the arrears. Legal basis: Article 1087 of the Civil Code of the People's Republic of China 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 is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
-
Anonymous users2024-02-061. Can I get a divorce if I have a debt dispute?
1. Divorce can be obtained if there is a debt dispute. Whether the husband and wife choose to divorce has little to do with whether there is a debt dispute, if there is a debt dispute, at the time of divorce, both parties can deal with the debt dispute, the debt is a joint debt of the husband and wife, should be repaid by both parties, and if the debt is a personal debt, it should be repaid by one of the husband and wife, and the other party has no obligation to pay off.
2. Legal basis: Article 1089 of the Civil Code of the People's Republic of China.
In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to pay off or the property is owned by each other, the two parties shall agree to settle the payment; If the agreement is not reached, the people's court shall make a judgment.
2. What are the conditions for divorce by mutual agreement.
The conditions for an uncontested divorce are:
1. Both men and women who divorce by agreement must have legal husband and wife status;
2. The parties to the divorce by mutual agreement must be persons with full civil capacity;
3. The parties to the divorce by agreement must have an agreement on the divorce;
4. Appropriate and reasonable arrangements must be made for the child's upbringing and education at the time of divorce by mutual agreement, and a consensus agreement must be reached;
5. In the case of divorce by agreement, the division of the joint property of the husband and wife must be properly handled;
6. Divorce by mutual agreement must be legal. The motives and purposes of the divorce should be legitimate, and divorce cannot be used to circumvent the law and achieve other personal goals, and the content of the divorce agreement must comply with the law and policies.
-
Anonymous users2024-02-05Legal analysis: Yes, in the event of divorce, the marital debts must first be identified and divided, and if it is a debt owed by one of the husband and wife, the debtor shall repay it by himself, and if it is recognized as a joint debt of the husband and wife, it needs to be repaid by the joint property of the husband and wife.
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 insufficient to be repaid or the property is owned by each other, the two parties shall negotiate to settle the off; If the agreement is not reached, the people's court shall make a judgment.
-
Anonymous users2024-02-04<> "Can I get a divorce if I have a debt dispute?"
1. Can I get a divorce if I have a debt dispute?
1. If there is a debt dispute, of course, you can get a divorce.
2. Of course, China's divorce law also has clear provisions on the debts of both husband and wife. To put it simply, if it is a joint debt between the two parties in life, both parties will jointly settle the property, and if it is a unilateral personal debt, it will be paid off by the unilateral individual. If there is no way to determine or if there is a dispute between the two parties, a judgment can be made with the people's court;
3. Legal basis: Article 1089 of the Civil Code 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.
2. What kind of debt is personal debt.
1. Personal debts, as the name suggests, are debts incurred during the marriage for personal benefit or due to personal behavior. The most common debts are debt problems due to personal gambling, alcoholism, drug abuse, and so on. Since these acts have nothing to do with the other spouse, and the other spouse does not receive any benefits and benefits, such acts have nothing to do with the other spouse and are unilateral personal debts.
Therefore, if there is such a debt at the time of divorce, it is necessary to propose that it be repaid by the individual, and there is no need to repay it on behalf of the other party;
2. In the determination of joint debts, it is still necessary to pay attention to evidence, and if there is evidence to prove it, the debts incurred for the maintenance of the whole family life will be recognized as joint debts. If it can be proved that the debt is caused by one party's gambling, alcoholism, drug abuse, etc., it can be recognized as a personal debt.
-
Anonymous users2024-02-03You can call for a divorce, and the two parties can reach an agreement on the property issue. Article 31 of the Marriage Law: Where a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office.
When the marriage registration authority ascertains that both parties are indeed willing and that the issues of children and property have been properly handled, they will issue a divorce certificate to Zheng Tang.
The property acquired during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, generally one and a half, and the joint property of the husband and wife is divided in accordance with the principle of equality between men and women, protection of the legitimate rights and interests of women and children, and consideration of the innocent party. >>>More
This is no different from an ordinary divorce agreement Divorce agreement Basic information of both parties When the two parties met, when they got married, and now due to the breakdown of the relationship, the two parties voluntarily divorced, and the following agreements were reached: 1. Child support issues 2. Division of marital property 3. What are the joint debts of the husband and wife? Agree on the treatment of joint debts signed by both parties.
No. Maternity allowance is a living allowance provided by national law for working women during the period when they leave work due to childbirth. There are also certain conditions for receiving maternity allowance. >>>More
After divorce, the child returns to the mother, and the mother's place of origin cannot be changed. According to the regulations of the relevant authorities, the child's place of origin follows that of the father. In some areas, after the child is returned to the woman, the change is successful according to the child's wishes, and it depends on the relevant regulations of the place of relocation, and it is recommended to consult the local household registration management department. >>>More
China's method of calculating the divorce rate is very special, it can also be said to have Chinese characteristics, China's divorce rate is calculated by the number of divorces in the current year and the average population of the year, that is, the average number of divorces of 1000 people, this is a very funny statistical method, because the irrelevant population is also counted, the very simple reason is to count teenagers and unmarried people as the denominator, anyway, the relevant departments never respond positively. Normally, it is the number of marriages in the year, the number of divorces, or the number of marriages The number of divorces China got married more than 20 million people in 2011, and more than 36 million people divorced, which is indeed more than 100%, because the people who were married before were also divorced, so it is very funny that some people in China still use this data to criticize the high divorce rate in the United States and Europe, South Korea, and Japan.