Can I go on a divorce without debts? 5

To put it simply, you can pay the debt alone, but the bank has the right to ask both spouses to pay it together.

Because the loan is a loan from both husband and wife during the marriage, it is a joint debt of the husband and wife, even if the divorce husband and wife agree to bear this debt, but the agreement is invalid for the bank, the agreement between you is valid for both husband and wife, as long as you can pay it back, the bank whether you are repaying it or your ex-wife is repaying, but once you can't pay it back, the lawsuit must be borne by both of you, and then the woman will have to bear it.

Judging by the description. Loans taken by husband and wife during the marriage. It is all money that is jointly signed by the husband and wife.

And this money is used to start a business on the one hand. And it didn't work, in the whole family. Cost of living.

These aspects. As far as I know. Before the loan is paid off.

There was a divorce between the two. In such a case, the loan can be repaid unilaterally. As long as the money borrowed is provided, it is used for the other party's entrepreneurial expenses.

That's it. Unilaterally indebted. You can also go to your local law firm for advice.

Or you can also learn how to deal with related matters.

Debts incurred during the marriage are joint debts. In the divorce, there is still a joint obligation to repay the loan.

Judging from the things you described above, this debt should be incurred by your husband and wife before the divorce, and this should be the joint debt of the husband and wife, of course, at the time of divorce, there should be no man alone in the debt. It should be a shared debt between the two parties.

Can divorce be guarded? It depends on how the court decides, if it is the joint property of the husband and wife, the money brought jointly is the joint debt of the husband and wife.

Legal analysis: After divorce, unilateral debts are repaid unilaterally, and the other party has no obligation to repay them. At the time of divorce, the husband and wife shall dispose of the joint debts of the husband and wife and repay them with the joint property, and if the unilateral debts are not to be repaid jointly, one party shall repay them, and the other party shall not have the obligation to repay them and shall not be liable for repayment.

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 husband and wife, as well as the 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 before the dissolution. 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 rollover creditor can prove that the debt was used for the husband and wife's common life, joint production and operation, or based on the joint intention of the husband and wife.

Legal analysis: 1. At the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid with joint property. If the property is insufficient to be repaid, the two parties shall agree to settle the repayment; If the agreement is not reached, the people's court shall make a judgment.

Debts incurred by a man and a woman alone shall be repaid by the man and woman. 2. If the debt is a joint debt of the husband and wife, even if the divorce has been made, the creditor can still require both parties or any one of them to repay the debt, and if the husband and wife have an agreement on the debt, they will not oppose the unaware creditor; If the debt is a personal debt of one party, the creditor can still demand that party bear the responsibility for repayment after the divorce of the husband and wife, and if the husband and wife have agreed on the debt, they shall not oppose the unwitting creditor.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China provides that debts borne by the husband and wife in the joint signature of the husband and wife or the subsequent recognition 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 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 was used for the husband and wife's common life, joint production and operation, or based on the common intention of the husband and wife. Article 1089:In the event of a 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.

Hello, according to the latest judicial interpretation in 2018, debts borne by the husband and wife jointly signed or later recognized by one of the husband and wife shall be recognized as joint debts of the husband and wife.

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 grounds that they are joint debts of the husband and wife, the people's court shall support them.

Where a creditor claims rights for debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship that exceed the daily needs of the family on the grounds that they are joint debts of the husband and wife, the people's court 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 based on the joint intention of the husband and wife.

If it is in marriage exists.

Renewal of the period owed to you.

Obligation to bear a part.