Can t the joint debts of husband and wife be overturned, only accept fate?

Where the case may be overturned, the Supreme People's Court's Interpretation on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Debts between Husband and Wife (hereinafter referred to as the "Interpretation") has come into force on January 18, 2018, and in order to equally protect the lawful rights and interests of all parties in accordance with law, the relevant work is hereby notified as follows:

1. The provisions of the Interpretation apply to first- and second-instance cases that are currently being heard.

II. In cases that have already been finalized, the criteria for determining the facts to be unclear, the application of law and regulations to be erroneous, and the outcome to be clearly unfair shall be strictly grasped when screening. For example, cases in which one spouse maliciously colludes with a creditor to harm the other party, and the other spouse bears a huge amount of debt without knowing it, should be corrected in accordance with the law. When retrial cases change judgments and cite legal provisions, articles 17 and 41 of the Marriage Law and other laws are to be cited as much as possible.

III. For final trial cases that meet the requirements for changing judgments, the force of mediation should be increased, and as much as possible should be digested during the retrial review phase or the retrial mediation phase. Where the judgment must be changed in the case, efforts should also be made to do a good job of the parties accepting the judgment and ending the litigation.

IV. In final adjudication cases that meet the requirements for revision of judgments described above, the enforcement department may also try to resolve the issue of protecting the rights and interests of one spouse whose interests have been seriously harmed through methods such as enforcement settlement.

If your joint debts cannot be reversed, you can only choose to pay according to the price.

There is no way to do this, generally speaking, it is based on this law and the facts are the criterion, so it is impossible to plan, so it should be better to do it yourself.

Your question is to ask about the joint debt couple's case only appointment? First of all, as long as it is after marriage, then the debts and property during this period are shared.

It is difficult to say that the specific situation is not clear, and the key depends on the evidence materials you assert, and you should consult a local professional lawyer for details.

Hello, the joint debt of the husband and wife cannot be overturned, if you feel unfair, you can file a lawsuit again with the local people's court, thank you.

What you said is very correct, the joint debts of husband and wife cannot be overturned, only by resigning fate.

The following debts may be recognized by the court as joint debts of the husband and wife: debts jointly signed by both husband and wife; Debts incurred by one of the spouses by post-recognition and other common intentions; and debts incurred by one party in the name of the individual in the marriage for the daily needs of the family, etc.

[Legal basis] several stools

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 is used for the husband and wife to live together, jointly produce and operate, or the potato traveler expresses it 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.

Joint debts are debts owed by both spouses or one of them to a third party during the existence of the marital relationship for the husband and wife to live together. The identification and handling of joint debts between husband and wife is a difficult issue in the trial of divorce cases. On April 28, 2001, the revised Marriage Law made clear provisions on this, but it was difficult to accurately grasp and apply it in practice because it was too principled and general.

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 was adopted by the 1731st meeting of the Adjudication Committee of the Supreme People's Court on January 8, 2018, and came into force on January 18, 2018.

Among them, there are clear and specific provisions on the joint debts of husband and wife:

Article 1: Debts borne by both husband and wife jointly signed or later recognized by one of the husband and wife, or other common expressions of intent, shall be found to be joint debts of husband and wife. [1] Article 2 Where a creditor claims rights for 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.

If he is married now, it is normal for the other half to pay off his debts. Because although he owed a debt before, after all, he has become a member of our family. These debts cannot be borne by him alone.

If she is a woman, it is even more so, because in this family environment, she is a woman, and she will generally exist as a housewife. So the probability that she will be able to go out to work and earn money to pay off her debts is very small. Even if she can make money, if this debt is paid by herself, this marriage will be meaningless.

However, if it is a joint debt of the husband and wife, it is determined in the state of marriage at the beginning. Then after the divorce, this thing should be borne by him personally, and it should not be up to the two of us to face such a debt together.

Because who spends the money for this kind of thing itself? What is the flower on? If it is personal goods and does not spend this money on the family, it should be regarded as his personal consumption.

If it is forcibly returned by the ex, it will lead to a chaotic situation. Some people may even get married deliberately in order to enjoy life, and then divorce after incurring huge debts, and then have an ex-husband to pay it back.