Want to pay off your significant other? Are you ready for the Supreme People s Court to recognize th

I think this provision is a matter of time, because the joint property between the husband and wife can be divided equally, and since this is the case, the debt should also be the same. And in this way, marriage can become more and more formal, and everyone will become more and more careful about marriage. <>

Nowadays, many people get married because of a spur of the moment or just think it's okay to get married, and even like some older people will get married because of age, they don't think about whether they can afford to pay for it in the future, and now they will be more cautious and careful after this regulation.

I won't just find a boyfriend or girlfriend and get married, because I believe they will not start a family with someone else without knowing each other, after all, it is easy to put yourself in a disadvantageous state, and you may lose a lot of things if you are not careful.

I'm not ready yet, but I'm sure I'll have to be ready sooner or later, because if you want to get married, you have to accept it. So I think it's okay.

Legal analysis: if one spouse owes a debt, if the debt is a joint debt of the husband and wife, the other party needs to repay the debt. If it is a debt incurred in the name of an individual to show the daily needs of the family, it is not a joint debt of the husband and wife, and the other party does not need to repay the debt.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife in the joint signature of the husband and wife or the subsequent recognition of the common intention of one of the husband and wife, as well as the 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.

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 family's daily life and service needs 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.

It depends. If the result of the department is a joint debt of the husband and wife, it can be paid off by agreement between the two parties, and the absolute type can be agreed by one party to repay half of it; If one of the spouses can prove that the creditor and the debtor have expressly agreed that it is a personal debt, the other spouse is not liable for compensation. 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.

1. What are the provisions of the Civil Code on joint debts?

The provisions of the Civil Code (effective from January 1, 2021) on joint debts are as follows: 1. Debts borne by the husband and wife jointly signed or later recognized by one of the husband and wife, as well as 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. 2. 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 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.

3. 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. How to deal with pre-marital debts in divorce.

Where a creditor claims rights against the debtor's spouse in respect of a party's personal debts incurred before marriage, the people's court will not support it. However, the creditor can prove that the debt was incurred for the common life of the family after the marriage. Therefore, in principle, premarital debts are personal debts and should be borne by the debtor personally, but if the creditor can prove that the debts are used for family life, they shall be treated as joint debts of the husband and wife.

Civil Code of the People's Republic of China

Article 1064:Joint debts of husband and wife, debts borne by the joint signature of both husband and wife, or by a joint expression of intent by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, 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 joint intention of the husband and wife.

Article 1089:At the time of divorce, the joint debts of the husband and wife shall be paid off, and when the divorce is divorced, 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.

Article 1064 of the Civil Code of the People's Republic of China: Debts borne by the husband and wife jointly signed by the husband and wife or by one of the husband and wife after the fact, as well as 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.

There are laws and regulations on whether the joint debts of one of the spouses should be repaid in half by one of the husband and wife, or whether one of them has property in his name to repay the debts.

Joint debts are 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 to live together as a family, as well as the management, use, income and disposal of joint property.

Article 41 of the Marriage Law of the People's Republic of China stipulates: "At the time of divorce, the debts originally incurred by the husband and wife living together 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.

In terms of the form of liability, the husband and wife's responsibility for "joint repayment" is joint and several liability for repayment, regardless of whether the parties have divorced or not, they can pay off the joint debts with the joint property of the husband and wife and the property owned by themselves. The creditor has the right to demand from one or both spouses for the payment of part or all of the debt, regardless of the share of the husband and wife, and in no particular order, and either spouse shall bear the debt in whole or in part according to the creditor's request, and if the property of one party is insufficient to pay off, the other party shall be liable for repayment.

Article 24 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that: "Where a creditor claims rights in respect of a debt incurred by one of the spouses in his or her own name during the existence of the marital relationship, it shall be treated 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.

In other words, according to the above-mentioned judicial interpretation of the Supreme People's Court, debts owed in the name of one party during the existence of the marital relationship should in principle be recognized as joint debts of the husband and wife and should be repaid jointly by the husband and wife. However, if one of the spouses can prove that the debt is indeed a personal debt owed to the debtor, then the unmarried party can oppose the creditor's claim. There are two main situations in which it is a personal debt, one is that the creditor and the debtor expressly agree that the debt is a personal debt; The other is the situation provided for in Article 19, Paragraph 3 of the Marriage Law.

Paragraph 3 of Article 19 of the Marriage Law stipulates that "if the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the property owned by the husband or the wife shall be repaid".

Hello. Debts incurred jointly by the husband and wife are usually paid in half. However, if one of the spouses voluntarily repays all debts on behalf of the other spouse, the law does not prohibit it.

If it is common, everyone is obliged to pay it off jointly.