My parents are divorced, how can I pay off my debts after my father dies? At the age of eighteen, it

Updated on society 2024-04-11
9 answers
  1. Anonymous users2024-02-07

    The value of the estate that does not overindulgences the subordinate-legal heirs, the decedent (such as heirs are not limited to children), and the repayment of debts is limited. If the heir renounces the inheritance, he may not bear the debts of the decedent.

    Article 33 of the Law of Inheritance: The taxes and debts of the decedent shall be paid in accordance with the Law of Inheritance, and the actual value of the taxes and debts shall be paid in accordance with the Law of Inheritance, and to the extent to which he shall be cleared of a part of the actual value of the estate, unless the successor voluntarily repays. The heirs renounce the inheritance, and the taxes and debts of the decedent shall be paid in accordance with the law and shall not bear any obligation to repay.

    a>ala0

  2. Anonymous users2024-02-06

    Overindulgences of secondary heirs, heirs (as successors are not limited to children), the value of real estate debts is limited. If the heir renounces the inheritance, he may not bear the debts of the decedent.

    Article 33 of the Law of Inheritance: The taxes and debts of the decedent shall be paid in accordance with the Law of Inheritance, the actual value of the taxes and debts, when paid for his degree, shall be dismantled, leaving behind a portion in excess of the actual value of the estate, unless the heirs voluntarily repay them. The heir renounces the inheritance, and the taxes and debts of the decedent are paid according to law and do not bear any repayment obligations.

    a>ala0

  3. Anonymous users2024-02-05

    Your father's debts are paid off to the extent of his own assets, and there is no concept of father's debts in law, so you don't have to worry too much. If you inherit your father's estate, then you are only liable for your father's debts to the extent of the estate received. The pension is not considered an inheritance by law, but is received by the legal heirs and is not subject to debt.

  4. Anonymous users2024-02-04

    If the parents are divorced, the children do not have to pay back for them.

  5. Anonymous users2024-02-03

    Summary. Hello dear, it's an honor to answer for you; After the parents divorce, the children do not have to bear the debts of the parents. As a person with full capacity for civil conduct, the debts of the parents need to be borne by the parties themselves.

    Unless the children have inherited the father's estate and also inherited the father's debts, then they are obliged to pay back those debts.

    My father and mother are divorced, and I will have to pay my father's debts after my father's death.

    Hello dear, it's an honor to answer for you; After the parents divorce, the children do not have to bear the debts of the parents. As a person with full capacity for civil conduct, the debts of the parents need to be borne by the parties themselves. Unless the children inherit their father's estate and also inherit their father's debts, then they are obliged to pay those debts.

    Further information: There are only five situations in which a debt can be extinguished, namely, the fulfillment, deposit, set-off, forgiveness and commingling of the debt. Therefore, even if the debtor dies or the creditor dies, the debt still exists and is inherited by his heirs.

    The performance of debt refers to the debtor's full performance of its obligations in accordance with the provisions of the contract or the provisions of the law. In layman's terms, the debt has been repaid. The deposit of the debt means that due to the creditor's reasons, such as the creditor refuses to accept it, or the creditor dies and there is no heir to inherit the debt, etc., and the debtor is unable to repay the debt, the debtor will hand over the arrears to the deposit department and then the debt will be cleared.

    The offset of debts can be understood as the fact that both parties borrow money from each other, and this part of the debt is offset. Debt forgiveness means that the creditor has given up the debt and does not need the other party to repay the money. The commingling of debts refers to the fact that the creditor and the debtor are in the same person, which generally occurs in the case of a business combination.

    However, it can also occur in private lending, such as the son borrowing money from the father, and then the father dies and the son inherits the inheritance, at this time the debt will also be extinguished. In addition to the above five situations, the death of a person does not lead to the extinction of the debt, so after the death of the person, the inheritor of the estate has to repay the money within the scope of the estate.

  6. Anonymous users2024-02-02

    Legal analysis: If the father dies, it generally depends on the father's share of the estate, first pay off the father's debts, and then the legal heirs inherit the father's estate. Whether or not the child pays the father's debts depends on the circumstances.

    According to modern legal theory, the father and the son are two independent civil subjects, which are not mixed up by the existence of blood relations, and the father's debt has nothing to do with the son.

    Legal basis: Article 111 of the Civil Code of the People's Republic of China The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with the law within the limit of the actual value of the inheritance. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

    If the heir renounces the inheritance, he or she may not be liable for the taxes and debts that the heirs of the deceased group should pay in accordance with the law.

  7. Anonymous users2024-02-01

    Legal analysis: If the father owes debts, if the children do not participate in the debts, they do not need to bear the responsibility for repayment, but if the father dies, the children inherit the father's estate, they should bear the responsibility for repayment within the scope of the inheritance. However, if the child renounces the inheritance, there is no need to bear the responsibility for repayment.

    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' expression of intent to divorce voluntarily and the consensus reached on matters such as child support, property, and debt handling.

    Article 1161:The heirs shall pay off the taxes and debts that the deceased shall pay in accordance with law to the extent of the actual value of the inheritance. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs. If the heir renounces the inheritance, he or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.

    Article 1078:Where the marriage registration authorities ascertain that the parties are indeed willing to divorce and have reached consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

  8. Anonymous users2024-01-31

    It depends: its.

    1. If the father dies as a debtor and the heir of the estate does not renounce the inheritance, the people's court may rule to change the person subject to enforcement, and the heir shall repay the debt within the scope of the estate. That.

    2. Where the heirs renounce the inheritance, the people's court may directly enforce the father's estate. Article 1161 of the Civil Code The heirs shall pay off the taxes and debts payable by the decedent in accordance with the law to the extent of the actual value of the inheritance. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

    If the heir renounces the inheritance, he or she may not be liable for the taxes and debts that the decedent should pay in accordance with the law.

    Article 1161 of the Civil Code of the People's Republic of China: The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with law to the extent of the actual value of the inheritance. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs. If the heir renounces the inheritance of Sakurano, he shall not be liable for the taxes and debts that the decedent Liga shall pay in accordance with the law.

  9. Anonymous users2024-01-30

    Hello, I am Yangyang teacher, I am happy to serve you, for the potato let mu you describe this situation, first of all, the teacher can clearly tell you, according to Chinese law, when your parents owe your mother money during marriage, does not constitute an act of legal protection, because during the marriage, all the property of two people is joint property, so there is no agreement and way to borrow, let alone the protection of the law, if when the two of them divorce, the father owes your mother money, This money will be protected by law, if it is convenient, you can talk to the teacher in detail about the specific situation, so that the teacher can help you in more detail.

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