If you don t divorce and ask me to pay back the money, don t you have to pay back the money if the h

Updated on society 2024-03-17
7 answers
  1. Anonymous users2024-02-06

    If you want to divorce, you still have to negotiate with the other party, and both parties should go to the marriage registration office to go through the divorce registration formalities together, and if the negotiation fails, you can directly sue the court for divorce.

    According to the Marriage Law of the People's Republic of China:

    Article 31: Where both men and women divorce voluntarily, the divorce is granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

    Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with the people's court.

    People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

    In any of the following circumstances, if mediation fails, a divorce shall be granted:

    1) bigamy or cohabitation of a person with a spouse;

    2) Committing domestic violence or abusing or abandoning family members;

    3) Those who have bad habits such as gambling and drug abuse that they do not change;

    4) Separated for two years due to emotional discord;

    5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

    If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

    Article 33 The spouse of a serviceman on active duty who requests a divorce must obtain the consent of the serviceman, except where one of the servicemen is seriously at fault.

  2. Anonymous users2024-02-05

    Whether or not to divorce depends on the specific situation. If the borrowed money is used for family life, it is a consumption during the marriage and is jointly borne by the husband and wife; If the money is used for other purposes and the other party does not know about it, then the money should be returned without divorce.

  3. Anonymous users2024-02-04

    Joint debts need to be shared by husband and wife, and divorce does not mean that it can be exempted.

    The creditor may assert the creditor's rights on both sides of the lawsuit, lawsuit or divorce.

    Judicial Interpretation II of the Marriage Law:

    Article 24 Where a creditor claims rights in respect of a debt incurred by one of the husband and wife in his or her own name during the existence of the marital relationship, it shall be handled as a joint debt of the husband and wife. However, one of the husband and wife 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.

    Where one of the husband and wife colludes with a third party to fabricate debts, and the third party claims rights, the people's court will not support it.

    Where a third party claims rights for debts incurred by one of the husband and wife in the course of engaging in illegal or criminal activities such as gambling or drug abuse, the people's courts will not support it.

    Article 25: Where the parties' divorce agreement or the people's court's judgment, ruling, or mediation document has already dealt with the issue of the division of marital property, the creditor still has the right to claim rights against both the husband and the woman in respect of the joint debts of the husband and wife.

    Where, after one party bears joint and several liability for the repayment of joint debts, claims recovery from the other party on the basis of the divorce agreement or the legal documents of the people's court, the people's court shall support it.

  4. Anonymous users2024-02-03

    According to the first paragraph of Article 1064 of the Civil Code of the People's Republic of China (Law), 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.

    Civil Code of the People's Republic of China (Law).

    Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective 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, 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.

  5. Anonymous users2024-02-02

    I think they're all divorced, and I should pay her back.

  6. Anonymous users2024-02-01

    Something. If the negotiation fails, go to the court to sue and claim that the other party should perform the agreement.

    Marriage Law of the People's Republic of China.

    Article 48.

    The people's courts are to enforce judgments or rulings on alimony, child support, alimony, division of property, inheritance, visitation of children, and so forth, in refusal to enforce them in accordance with law. Relevant individuals and units shall be responsible for assisting in implementation.

    Article 49.

    Where other laws have other provisions on illegal acts and legal liabilities related to marriage and family, follow those provisions.

  7. Anonymous users2024-01-31

    Yes, if the agreement is written.

    If you don't pay it back, the other party won't collect the debt and chase you to death.

    Since you said you wanted to pay it back, then you should pay it back.

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