What are the aspects of joint 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.

1) Debts incurred for the purchase of property borrowed by one of the parties before the marriage has been converted into joint property of the husband and wife;

2) Debts incurred by the husband and wife for the common life of the family;

3) Debts incurred by husband and wife jointly engaged in production or business activities, or debts incurred by one party engaged in production and business activities, and the business income is used for family life or shared by spouses;

4) Debts incurred by one or both spouses for medical treatment and for the treatment of persons with legal obligations;

5) Debts incurred for raising children;

6) Debts incurred by the elderly who have an obligation to support them;

7) Debts incurred to pay for the education and training expenses of one or both spouses;

8) Debts incurred to pay for legitimate and necessary social interaction expenses;

9) Debts that are agreed upon by the husband and wife as joint debts;

10) Other debts that shall be recognized as joint debts of husband and wife.

Legal basis: Article 17 of the Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in Divorce Cases by the People's Courts stipulates that: "Debts incurred by husband and wife for the purpose of living together or for the performance of maintenance and maintenance obligations shall be recognized as joint debts of the husband and wife, and shall be paid off with the joint property of the husband and wife at the time of divorce."

The following debts cannot be recognized as joint debts of the husband and wife and shall be paid off by the personal property of one of the parties:

1) Debts that the husband and wife agree to bear personally, except for the purpose of escaping debts;

2) One party finances the debts of relatives and friends who have no obligation to support the other party without the consent of the other party;

3) One party raises funds to engage in business activities on its own without the consent of the other party, and the debts incurred by the party are not used for common life;

4) Other debts that should be borne by the individual".

1. The debts incurred for the purchase of property borrowed by one party before the marriage has been converted into the joint property of the husband and wife; 2. Debts incurred by husband and wife for the common life of the family; 3. Debts incurred by husband and wife jointly engaged in production and business activities, or debts and ...... incurred by one party engaged in production and operation, and the business income is used for family life or shared by the spouse

Generally speaking, as a joint debt of husband and wife, two conditions should be met: (1) The debt occurred during the existence of the marital relationship. (2) The purpose of borrowing is to meet the needs of common life or production and operation.

Couples are used for family life.

The expenses incurred for living expenses, shopping, buying a house, etc., and the debts borrowed are all joint debts of the husband and wife.

1. The debts incurred for the purchase of property borrowed by one party before the marriage has been converted into the joint property of the husband and wife;

2. Debts incurred by husband and wife for the common life of the family;

3. Debts incurred by husband and wife jointly engaged in production and business activities, or debts incurred by one party engaged in production and business activities, and the business income is used for family life or shared by spouse;

4. Debts incurred by one or both spouses for medical treatment and for the treatment of persons with legal obligations;

5. Debts incurred due to raising children;

6. Debts incurred by the elderly who have the obligation to support them;

7. Debts incurred to pay for the education and training expenses of one or both spouses;

8. Debts incurred to pay for legitimate and necessary social interaction expenses;

9. Debts that are agreed upon by the husband and wife as joint debts;

10. Other debts that shall be recognized as joint debts of husband and wife.

1. How to bear the joint debts of husband and wife.

Article 1089 of the Civil Code stipulates that at the time of divorce, the debts originally incurred by the husband and wife living together shall be paid off jointly. The so-called "debts incurred by husband and wife living together" refer to the debts incurred by both husband and wife during the existence of the marital relationship for the purpose of living together, fulfilling the obligation of support and support, and the needs of production and operation.

The debts incurred by the slag judgment and the remaining members of the joint life shall be paid off with the joint property of the husband and wife.

When dividing the joint property in a divorce, the joint debts shall be paid off first, and the balance after the settlement shall be divided by the husband and wife through negotiation.

During the existence of the marital relationship, unless there is a special agreement between the husband and wife, the statutory community of income system shall apply. Both husband and wife are responsible for the settlement of joint debts, and it is a kind of joint responsibility. With regard to such joint and several liabilities, the debtors have no right to change their nature without the consent of the creditors, which is obviously unfavorable to the creditors.

These agreements between the co-debtors should be regarded as internal agreements and should not be asserted outwardly against other creditors. The husband or wife has the right to assert their rights against the former spouse on the basis of the divorce agreement or the effective judgment of the people's court after the husband or wife is jointly and severally liable for the repayment of the joint debts. Article 1065 of the Civil Code stipulates:

The property acquired by the husband and wife during the existence of the marital relationship shall be agreed to belong to each other, and if the third party is aware of the debts owed by one of the husband and wife, the property owned by the husband or the wife shall be paid off.

Legal Analysis: Joint debts include:

1. The debts incurred for the purchase of the property purchased by one party before the marriage has been converted into the joint property of the husband and wife;

2. Debts incurred due to daily life;

3. Due to production and business activities, the business income is used for family life or debts shared by spouses;

4. Debts owed by one or both spouses for medical treatment and for the treatment of persons with legal obligations;

5. Debts incurred due to raising children;

6. Debts incurred by the elderly who have the obligation to support them;

7. Other debts that shall be recognized as joint debts of husband and wife.

Legal basis: Article 41 of the Civil Code of the People's Republic of China 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 jointly, or the property is owned separately, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Positive Rubber.

1. The debts incurred for the purchase of property borrowed by one party before the marriage has been converted into the joint property of the husband and wife;

2. Debts incurred due to daily life;

3. Due to production and business activities, the business income is used for family life or debts shared by spouses;

4. Debts owed by one or both spouses for medical treatment and for the treatment of persons with legal obligations;

5. Debts incurred due to raising children;

6. Debts incurred by the elderly who have the obligation to support them;

7. Other debts that shall be recognized as joint debts of husband and wife.

Legal basis] Article 41 of the Marriage Law stipulates that in the event 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.

1. The debts incurred for the purchase of property borrowed by one party before the marriage has been converted into the joint property of the husband and wife; 2. Debts incurred by husband and wife for the common life of the family; 3. Debts incurred by husband and wife jointly engaged in production and business activities, or debts and ...... incurred by one party engaged in production and operation, and the business income is used for family life or shared by the spouse

1. The debts incurred for the purchase of property borrowed by one party before the marriage has been converted into the joint property of the husband and wife; 2. Debts incurred by husband and wife for the common life of the family; 3. Debts incurred by husband and wife jointly engaged in production and business activities, or debts and ...... incurred by one party engaged in production and operation, and the business income is used for family life or shared by the spouse