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Common. This mindset will put your marriage in a dilemma. If you are worried in your heart, don't do it reluctantly, don't regret it, regret is useless, it will only increase the troubles and increase the rift between husband and wife.
It seems that you don't know what love is, and you only think about the money that you can live without bringing death without taking it away, so when your husband earns money, don't blame him for finding a new love!
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If you use your name and your assets to take out a loan, it's yours.
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In the case of divorce, the debts are shared between the two parties, and if your husband is unable to repay, then you can only repay it, and if you are unable to repay, the guarantor will pay it back. If you don't want to pay, then wait for the court to freeze the account and seal the collateral and detain them.
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In case of divorce, the money will be returned by the two of you, and the husband will be someone else's! You don't have to be anyone's!
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No matter what happens, whether it is property or debt, it is two people, people, inherit down, but you are the first heir.
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Whose is the person or whose is the loan? People belong to someone else, and when they take out a loan, they are in common debt.
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If there is a guarantor, the guarantor will repay if the lender does not repay.
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Your thoughts are unhealthy!! Despise you!!
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That's not what you think!!
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Don't talk about this if you have feelings.
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After the marriage was registered, in order to buy a house, the husband took out a mortgage in the name of his wife, and both parties jointly paid the down payment and repaid the mortgage together. At the time of the divorce, the mortgage has not been paid off, and if the court rules that the house belongs to one party and one party gives the other party a discount, the party who took ownership of the house will have to repay the remaining loan alone after the divorce.
The following are the legal provisions governing the joint property of the husband and wife:
Article 1062 of China's Civil Code stipulates: "The following property acquired by husband and wife during the existence of marriage relationship shall be the joint property of husband and wife and shall be jointly owned by 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. ”
In judicial practice, in a divorce dispute, if both parties claim to divide the house, and one party gets the house to the other party for a discount, the court will in most cases rule that one party obtains the ownership of the house and calculates the discount amount to be paid to the other party according to the corresponding calculation formula of the market value of the house. After a divorce, the spouse who took ownership of the home will need to continue to pay the remaining mortgage on the home on their own. However, if neither party claims the actual division and only claims the division of the share of the house, the court may also follow the choice of the parties and award only the share of each party for the parties.
In this case, the house is still in a co-ownership state, and the corresponding mortgage can be borne according to the share.
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Hello, need to know the purpose of borrowing. If it is used for family business or living together, it is generally a joint debt of the husband and wife. Your husband took out a loan in your name during the marriage.
At the time of divorce, a repayment agreement should be signed to stipulate the repayment, and if there is no agreement, of course, it should be recognized as a joint debt and joint repayment by the husband and wife.
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.
[Legal basis].Civil Code of the People's Republic of China
Article 1087: [Disposition of the Joint Property of the Husband and Wife in the Context of Divorce]At the time of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
Article 1088: [Financial Compensation for Divorce] Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
Article 1089: [Settlement of Joint Debts of Husband and Wife at the Time of Divorce] At the time 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.
Article 1090: [Financial Assistance for Divorce]During divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
Article 1091: [Compensation for Divorce Damages]In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members;
5) There are other major faults.
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Your husband took a loan in your name, you got married, and you didn't have a loan after you divorced, so of course you are still obliged to take care of it, because after all, it is in your name that you take out a loan, so what? Even after the divorce, you still have to go to the ring, so in this regard, you have to pay attention, and in the future, you will deal with some of your own things in a timely manner, and then you will think about divorce, or something, Well, a man who wants to be responsible can also be. He said that this child is a person who is not very responsible if he has not taken responsibility, then the money can only be repaid by yourself, and he can't pay it back for you, and he can't pay it back with you, right?
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1. If he secretly conceals it from you, then you can apply for legal aid to transfer your account on credit after the divorce, and you don't have to bear this responsibility.
2. If you handle it in your name after you have discussed it, then both of you have a common responsibility. Even if it's a divorce, it's the two of you who share it. Because this is your joint marital property, you are responsible.
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You have to pay it back if you don't get divorced, but there is a concept here, this loan is shared by husband and wife, after the divorce, this debt is yours, it is best to explain this loan clearly before the divorce, the purpose, and when to pay it back. Or the money is given directly to you and you are still in the divorce.
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In the event of a divorce, all the property and debts of the husband and wife will be divided equally between the marriage and the divorce. So, it's the two of you who share the burden. Thank you.
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In the divorce, all the debts of the husband and wife should be liquidated, and of course he will pay him back, and if he does not change it, he will fight a divorce lawsuit and pay off the debts.
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Where is this money spent? If both parties are responsible for the daily expenses, the divorce is useless, if there is proof that he is gambling with this money, collect evidence and find a lawyer!
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No matter who you are in, the loan you took during the marriage is a joint debt, and after the divorce, the previous property and debts need to be divided between the two of you through negotiation, and the court will judge if the negotiation fails.
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It depends on whether you sign it, whether you know it, whether the money is used for family living expenses, or whether the husband and wife spend together, etc.!
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If you don't have proof that he took out the loan, then only you will pay it back. If there is evidence and the loan money was also used by him, you can apply to the court for arbitration.
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If you don't do it yourself, you can coordinate it through the banking department.
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Legal analysis: 1. If the property right of the house is jointly owned by both parties, it belongs to the joint property of the husband and wife, and the loan that has not been paid off also belongs to the joint debt of the husband and wife, so both parties must jointly bear the obligation of repayment. The spouses may also agree that the mortgage will be repaid by one party, but this agreement is not valid against the bank.
2. The property right of the house is owned by one party: if one party takes out a loan to buy a house before marriage, and the husband and wife repay the loan jointly after marriage, after the divorce, the mortgage that has not been paid off belongs to the personal debt of the party with property right registration, and the court will make a judgment according to the specific circumstances of the property for the payment of the loan jointly repaid by the two parties after marriage and the corresponding property appreciation part.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall clearly state the parties' intention to divorce voluntarily and their opinions on matters such as child support, property, and debt disposition.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization 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 shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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Summary. Hello dear! I helped my husband get a loan and divorced, and in my experience, you can't transfer the debt to him. <>
Article 36 of the Marriage Law of the People's Republic of China stipulates that debts incurred by a husband or wife in his or her own name during the existence of a marital relationship shall, in principle, be treated as joint debts of the husband and wife; Unless the other party can prove that the creditor and the debtor have expressly agreed that it is a personal debt; This is also not the case where it can be proved that the husband and wife have agreed on a separate ownership of property system, and the third party is aware of the agreement. If one of the spouses is jointly and severally liable for the joint debts, he or she may recover from the other spouse on a lawful basis.
Can I transfer the debt to my husband after I get a loan and divorce him.
Hello dear! I helped my husband get a loan and divorced, and in my experience, you can't transfer the debt to him. Article 36 of the Marriage Law of the People's Republic of China stipulates in <> People's Republic of China:
Debts incurred by one of the husband or wife in his or her own name during the existence of the marriage relationship shall, in principle, be treated as joint debts of the husband and wife. Except where the other party can prove that the creditor and the debtor have expressly agreed that it is a personal debt; This is also not the case where it can be proved that the husband and wife have agreed on a separate ownership of property system, and the third party is aware of the agreement. If one of the spouses is jointly and severally liable for the joint debts, he or she may recover from the other spouse on a lawful basis. Tell <>
Dear, do you have children?
Do you have any pre-marital assets?
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