Who will repay the debts borrowed by one of the husband and wife, and can the debts of the husband a

1) Debts borrowed by one of the spouses shall be regarded as joint debts of the husband and wife as long as they are used to improve the family's livelihood, and shall be repaid jointly by the husband and wife, regardless of whether they are divorced or not.

2) Debts borrowed by one of the husband and wife are used for drug use and other consumption by one party, and are not joint debts of the husband and wife, and are to be repaid by one party.

3) When the creditor collects the debt, it should provide evidence that the debt is used for the debtor's family life, and if the evidence cannot be presented, the court will not support the joint debt of the husband and wife.

Reference: 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 (effective as of force).

Article 1: Debts borne by both husband and wife jointly signed or later recognized by one of the husband and wife, or other common expressions of intent, shall be found to be joint debts of husband and wife.

Article 2: Where a creditor claims rights to 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, on the grounds that they are joint debts of the husband and wife, the people's courts shall support them.

Article 3: Where a creditor claims rights over debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship in excess of the daily needs of the family on the grounds that they are joint debts of the husband and wife, the people's courts 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 on the basis of the joint intention of the husband and wife.

Article 4: This interpretation takes effect on January 18, 2018.

After this Interpretation takes effect, where relevant judicial interpretations previously made by the Supreme People's Court conflict with this Interpretation, this Interpretation is controlling.

Debts incurred during the existence of the relationship between husband and wife shall be borne jointly by both parties if they are for common reasons such as common living, joint investment, and the obligation to support the elderly and children; However, if one party incurs a debt for illegal reasons such as gambling or drug abuse, and conceals the debt from the other party at the time of borrowing, the debt cannot be considered a joint debt.

In principle, the debts incurred by one of the spouses before the marriage shall be borne by the individual, but if the debt is for the purchase of real estate or other valuables used by the husband and wife for their common life, and the goods are converted into the joint property of the husband and wife due to the long-term existence of the husband and wife relationship, the debt shall be treated as a joint debt of the husband and wife.

If one spouse encounters the other party concealing debts, what should they do in the event of divorce?

1. Disputes can be resolved through negotiation first.

1) If you can divorce by agreement, it is better to divorce by agreement, which is faster;

2) Both parties can stipulate in the divorce agreement on child support, property division, and debt bearing;

3) Both parties can prepare the identity certificates, marriage certificates, and divorce agreements of both parties to go to the marriage registration authority for divorce registration;

4) You can refuse to bear their personal debts; You can choose to resolve disputes through mediation, generally speaking, the mediation machine is old and cautious, the lawyer stands in the middle of the calculation, analyzes from the perspective of legal professionalism, and combines his rich mediation experience, which will be more accurate to grasp the negotiation scale acceptable to both parties, and it is easier for the two parties to negotiate and reach a mediation agreement, and be satisfied with each other. At the same time, disputes can be resolved quickly to avoid litigation fatigue.

2. If the mediation is unsuccessful, it can be resolved through litigation.

1) If you cannot agree to divorce, you can bring a copy of the ID card of both parties, marriage certificate, household register, divorce complaint and other materials to the court where the other party is located to sue for divorce;

2) Collect details of the joint property of the husband and wife, and at the same time collect evidence that the debts of the other party have not been used for family life;

3) Even if the divorce is litigated, it can still be mediated before and during the trial, and it should be resolved through friendly negotiation as much as possible;

4) If mediation is not possible, actively present evidence and wait for the court's fair judgment.

Legal analysis: If it is determined to be a joint debt of the husband and wife, even if one party is not aware of it, then it is still liable, that is, it has the obligation to return. However, if it is determined to be a personal debt of the husband and wife, then no matter whether the other party knows about it or not, there is no need to bear legal responsibility at this time.

Legal basis: Article 1064 of Hu Feng's Civil Code of the People's Republic of China [Joint debts of husband and wife] Debts incurred by both husband and wife in the joint signature of the husband and wife or recognition by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in their 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, 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 joint intention of the husband and wife.

Legal analysis: It is necessary to determine whether Li Gao is to disturb the joint debts of the husband and wife. Debts incurred by the husband and wife as a joint signature or a subsequent recognition by one of the husband and wife, as well as 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.

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 one of the husband and wife, as well as the debts incurred by 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. 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 was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Legal Analysis: Not counted. Debts incurred by the spouses after they have been divorced are not joint debts.

Legal basis: Civil Code of the People's Republic of China Article 1064 Debts borne by the husband and wife jointly signed or recognized by the husband and wife after the fact, as well as 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. 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 lead debt is used for the husband and wife's common life, joint production and operation, or based on the joint intention of the husband and wife.

The repaying party who conceals the debt borrowed by one of the spouses needs to judge whether the debt is used for living together according to the rent, and personal debts include:

1.Debts arising from the unauthorized use of the joint property of the husband and wife to engage in business activities;

2.premarital debts;

3.debts that the parties agree to be incurred by the wife during the marriage;

4.debts incurred as a result of tortious or criminal acts;

5.debts arising from business activities on personal property;

6.Unauthorized financing of debts of persons without support obligations.

[Legal basis].Article 1064 of the Civil Code.

Debts incurred by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife after the fact, as well as 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 debts incurred by the husband and wife in their own name. 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 was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Article 33 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section (1) Where a creditor claims rights against the debtor's spouse in respect of a party's personal debts incurred before marriage, the people's court shall not support it. However, the creditor can prove that the debt was incurred for the common life of the family after the marriage.