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If that's the case, I don't think it's legal because he borrowed money from your husband and you don't need to pay it back.
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If there is a contract between you, then follow the contract, and if there is no contract, I think you still have to pay interest.
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This is definitely illegal, if you didn't say you wanted interest when you borrowed money at that time, it's definitely not legal to ask for interest now.
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Of course it's not legal, because isn't his wife borrowing your money? Why do you have to pay interest? I think her husband is a bit overbearing, if it doesn't work, I'll go through the legal process.
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It is only natural to borrow money to pay it back. If you agree to pay interest, you will pay them back at the agreed interest.
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Paying interest is generally legal, right? How high the interest rate is.
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When you borrowed money, how did you say yes? If it was said that there was interest then, it must be there now. I didn't talk about interest at the time, and I don't have to pay it back now.
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Then you can communicate with her husband and say that there was no interest on the money borrowed at that time, but I will give you a little bit, just say that it is better to communicate with each other and see how much.
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Borrowing money, this time it is a favor to borrow money, it is a duty not to borrow money, and it is reasonable if he wants you to pay interest on a monthly basis.
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It was his wife who borrowed my money first, and my husband knew about it, and it was legal for me to pay interest every month, and I think her husband certainly has rights to this joint property of the husband and wife.
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It was his wife who borrowed my money, and now my husband knows about it and asks me to pay interest every month, which I think is normal.
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His wife borrowed your money and her husband found out, so of course it is legal for you to pay interest every month, why is it not legal? If you borrow money, you pay interest.
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Legal analysis: If the money lent during the marriage relationship is the joint property of the husband and wife, the creditor's right formed is the joint property of the husband and wife, and the money borrowed from the husband can be returned to the wife, and if the money borrowed is from one party, it is personal property, then it must be returned to the husband.
Legal basis: Civil Code of the People's Republic of China
Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
Article 1063 The following property shall be the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
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The money borrowed by the husband does not need to be repaid if the wife does not know about it, and in principle, the wife does not need to repay the money borrowed by the husband and the wife without knowing it. However, if one of the spouses incurs a debt in his or her own name for the daily needs of the family during the existence of the marital relationship, and the creditor claims the right on the ground that it is a joint debt of the husband and wife, the court shall uphold it. At this point, the wife has to pay it back.
Legal basis: Article 1 of 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: Debts incurred by both husband and wife with a joint signature or a joint expression of intent such as a subsequent recognition by one of the husband and wife shall be recognized as joint debts of the husband and wife.
Article 2 of 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: Where a creditor claims rights for debts incurred by one of the spouses in his or her own name for the daily needs of the family during the existence of the marital relationship, the people's court shall support the creditor's claim on the ground that the debts of the husband and wife belong to the debtors who have a common experience of the husband and wife.
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The wife does not know that her husband is taking high-interest money outside, and in this case, the wife does not need to help him pay back the money. If the debt is determined to be a joint debt of the husband and wife, the wife is obliged to repay it. The so-called joint debts of husband and wife refer to the debts incurred to meet the needs of the husband and wife to live 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.
The wife doesn't know that her husband is taking high-interest money outside, in this case, does the wife need to help him pay back the money?
Hello dear, I hope the following can help you <>
The wife does not know that her husband is taking high-interest money outside, and in this case, the wife does not need to help him pay back the money. If the debt is determined to be a joint debt between the husband and wife, the wife is obliged to repay it. The so-called joint debts of husband and wife refer to the debts incurred to meet the needs of the husband and wife to live 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 wheel and disposal of the joint property.
Hello! Legal basis: 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 the wife to the outside world are known to the third party, the property owned by the husband or the wife shall be paid off with the property owned by the husband or the wife.
Article 1089 of the Civil Code stipulates that in the event of divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint nuclear assets are insufficient to be paid off or the property is owned by each other, the two parties shall agree to settle the debt; If the agreement is not reached, the people's court shall make a judgment. <>
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Legal analysis: how to divide the divorce debts of husband and wife without knowing it, it needs to be analyzed according to the actual situation, personal debts are borne by individuals, joint debts of husband and wife are borne together, and those who are willing to bear them individually by consensus can also bear them individually.
Legal basis: Article 1064 of the Civil Code of the People's Republic of China 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 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 is expressed by the husband and wife living together, jointly producing and operating business, or based on the common intention of the husband and wife.
Article 1065:A man and a woman may agree that property acquired during the marriage relationship and property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. 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 counterpart, the personal property of the husband or wife shall be repaid.
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.
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Hello, generally needed. 1. If it is used for the common life of the husband and wife or the family, it is considered a joint debt of the husband and wife, and there is an obligation to repay; 2. If it can be proved that the debt is indeed the debt of the Zhangdong Tracer alone, the creditor's request for repayment can be refused; 3. If the money borrowed for gambling is imitated, the national law does not protect such claims and debts; If it is the first type, because it is a debt during the marriage, it does not make a difference how the divorce property is divided or whether the pre-marital property is just or not, and it must be used to repay the debt. If there is no divorce, the wife's salary will be used to pay off the debt, because the wife's income is also part of the joint property of the husband and wife, but a certain amount of living expenses should be retained.
As for the house, whether it is a pre-marital personal property or a post-marital joint property, once the debt is recognized as a joint debt, the court may also enforce the pre-marital personal property. Of course, if there is only one house, the general court will not force the auction. How it is implemented depends on the specific situation.
In the case of the second option, it is up to you to provide evidence that the debts borrowed by your husband were not used for the joint life of the husband or family. If it's the third one, don't bother at all, the law doesn't support it.
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