If the husband incurs debts during the marriage without the woman s knowledge, will the woman be lia

Generally speaking, both spouses should be jointly responsible for loans and income incurred during the marriage. That is to say, whether they are divorced or together, this responsibility, the two of them are the same, if divorced, then the property of both husband and wife will be divided equally, and similarly, a debt between them will also be divided equally. <>

Of course not, everything is so immutable, and at the time of divorce, the court will also assess the property and debt of two people according to the specific situation of both parties. If the debt is incurred within the relationship between husband and wife and is applied to the expenses of family living, then the debt needs to be borne by two people, and in the case of divorce, one person and one half. <>

But if the debt is incurred alone without the consent of the other party, and the expenses are also used to spend on themselves, or for some things such as gambling or bad things. Then this arrears should be borne by yourself, and the other party has no relationship, even if it is divorced, the money will be repaid by yourself, and the other party does not need to help you repay a penny.

The arrears mentioned in our article are generated by the man without the woman's knowledge, that is, he must not have spent the money on family expenses, and it is a secret loan, so the money should be borne by the man himself, whether it is divorced or not, the money is borne by the man, and the woman does not need to pay any responsibility. <>

Since two people choose to get married, they are a common family and a common group. Whether it is a deposit or a loan, it should be generated under the condition that both parties are informed, and it cannot be said that both parties have some behaviors that the other party does not know, in this case, the husband and wife will scatter sooner or later, because there is no most basic trust, you must know that the important thing for the husband and wife is trust.

In this case, the woman does not need to bear the debt, and the debt incurred for this situation does not belong to the husband and wife.

Yes, because these debts are joint debts of the two people and need to be borne by both of them, so the woman also has an obligation to bear them.

In this case, the woman does not need to bear the debt, and if necessary, she can file a lawsuit.

Hello, according to your description, the answer is as follows:

In principle, it should be treated as a joint debt of the husband and wife, and the woman needs to bear the responsibility. However, if one of the following circumstances occurs, it is a personal debt of the man:

1. The borrowed money is not used for the husband and wife to live together, such as the money is used for illegal and criminal activities such as gambling or drug abuse by the man;

2. The husband and wife have agreed that the property acquired during the existence of the marital relationship shall belong to each other, and the creditor is aware of it;

3. When the husband borrows money, he clearly agrees with the creditor that it is his personal debt;

4. The husband colluded with a third party to fabricate the debt.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II).

Article 24 Where a creditor claims rights in respect of a debt incurred by one of the husband and wife in his or her own name during the existence of the marital relationship, it shall be handled as a joint debt of the husband and wife. However, one of the husband and wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it falls under the circumstances provided for in paragraph 3 of article 19 of the Marriage Law.

Where one of the husband and wife colludes with a third party to fabricate debts, and the third party claims rights, the people's court will not support it.

Where a third party claims rights for debts incurred by one of the husband and wife in the course of engaging in illegal or criminal activities such as gambling or drug abuse, the people's courts will not support it.

To sum up, I hope it helps you!

The woman is not responsible.

Savings and debts incurred during the marriage are jointly owned by the husband and wife, but when one party deliberately conceals the debts caused, the injured spouse is not responsible. In other words, the husband himself owes money, and the wife is not responsible.

Because the woman did not know, it was not a joint loan between the two parties, and the woman did not need to be liable.

The property (including cash) of the husband and wife during the marriage is the joint property of the husband and wife, and in the case of divorce, the wife shall also be responsible for the amount owed to the marital spouse.

If it is used for joint expenses of the husband and wife, it needs to be borne by both parties. If you only care about your own expenses, you don't need to bear this.

First of all, the marriage law stipulates that as long as your income is cleansed, your property, and your debts are all jointly owned, that is, you are too talented, you can divide it, there are debts, joint debts, and it is not a matter of whether you want to bear it or not, that is, if people make money, you don't say it when you spend it, do you agree? And you don't want to take this responsibility if you lose it, do you want to wait for all the good things? Generally speaking, as long as it is not a drug use, drugs can be shared.

During the marriage, if the man owes a debt without the woman's knowledge, this is a personal act. After the divorce, if it is proved that the woman is indeed unaware, then the woman does not need to be liable, and the man should be solely responsible for such debts.

There is no need to be held responsible.

Because the man owes a debt during the marriage without the woman's knowledge, then this is not a joint debt of the husband and wife, so even if the divorce is divorced, there is no need to repay this debt.

If the debts incurred by the husband for living together during the marriage are joint debts of the husband and wife, they should be borne jointly by both parties. However, if it is a personal debt of the man, the woman is not liable for repayment at the time of divorce.

It depends on whether the debt is used in the common life of the couple, and if so, it is a joint debt and must be borne.

During the marriage, if the man owes debts without the woman's knowledge, does the woman need to be held liable after the divorce? During the marriage, if the man owes debts without the woman's knowledge, it is also a joint debt in the marriage, and the woman also needs to be liable in the event of divorce.

If there is evidence to prove that the money is unaware and has no relationship with the family, evidence can be adduced.

In this case, there is no need to be liable after the divorce, but there should be joint and several liability before the divorce.

There is an obligation to repay, and the property is jointly owned during the period of the marriage, but the debts are also jointly borne.

It depends on whether the man's debts are used for family life, and those used for family life are shared and shared.

Of course, be responsible, because this is during the marriage, whether you know it or not, you have to be responsible for a certain amount.

Yes, because you're married, it's definitely going to be shared responsibility. The so-called sharing difficulties.

As long as it is proved that the money obtained from the debt has not been used for living and operating together after marriage, it is not necessary to pay it back.

During the marriage, the husband owes debts without the woman's knowledge, and the woman is not liable after the divorce.

If it is not used for family life and business, the woman should not bear the debt.

During the marriage, the husband owes debts without the woman's knowledge, which is also a joint debt of both parties, so the woman still needs to be responsible after the divorce.

Legal Analysis]: In practice, it is not based on whether one of the spouses is aware of the existence of the debt, but whether the debt is a joint debt, including whether it is for the purpose of living together or during the existence of the marital relationship, and whether it is a debt for the performance of legal obligations. If it is determined that it is 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 make restitution.

However, if it is recognized as 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.

2. Determination of joint debts of husband and wife.

1. Criteria for determining the joint debts of husband and wife:

1) Whether the husband and wife have an agreement to borrow together. If the husband and wife agree to borrow jointly, regardless of the benefits arising from the debt.

2) Whether it is shared by husband and wife, the debt shall be regarded as a joint debt. It is mainly manifested as whether it is formed by the husband and wife living together. Whether the husband and wife share the benefits of the debt.

Even if the husband and wife do not agree to borrow jointly beforehand or afterwards, if the debts are incurred and the spouses share the benefits of the debts, they should also be regarded as joint debts.

2. With reference to the above judgment criteria, the scope of joint debts of husband and wife can be roughly divided into the following categories:

1) Debts incurred by the husband and wife for the common life of the family. For example, the debt incurred for the purchase of common household supplies, the debt incurred for the purchase and decoration of the house in which the common residence is made, and (2) the debt incurred to pay the medical expenses of one party.

3) Debts incurred by one or both spouses for the performance of the statutory maintenance obligation, and debts incurred for the performance of the statutory maintenance obligation.

4) Debts incurred to pay for the expenses of one or both spouses for education, education, education, education, education, and training, and the debts incurred by the wife for engaging in legitimate cultural, educational, recreational, and sports activities are joint debts of the husband and wife, and (5) Debts incurred to pay for legitimate and necessary social interaction expenses.

6) Husband and wife jointly engage in production, investment and operation, and also include situations where one of the husband and wife engages in production and business activities but the benefits are shared by the family.

7) Debts that are agreed upon by the marital agreement as joint debts. Debts that are jointly borne by the husband and wife through negotiation shall be included in the joint debts of the spouses, even if the benefits of the debt are not shared by the marriage.

Legal basis]: Article 1079 of the Civil Code of the People's Republic of China 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.

Legal Analysis: Debts that one party is not aware of, but after being recognized afterwards and other common intentions, or the debts owed by one party are incurred for the daily needs of the family, they are still joint debts of the husband and wife. The joint debts of the husband and wife shall be repaid jointly.

Where the joint property is insufficient to be repaid or the property is owned separately, the two parties shall settle it by agreement. If it does not belong to the above circumstances, the debt is a personal debt of one party and is repaid by the individual.

Legal basis: Article 1089 of the Civil Code of the People's Republic of China 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 repaid 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.

The man owes the debt, the woman does not know, and the woman does not have to bear it. If the debt is incurred by one of the parties in their own name during the marriage in excess of the daily needs of the family, the unwitting party is not liable. If the debt is used for the husband and wife to live together, jointly produce and operate, or is based on the common intention of the husband and wife, even if one party is not aware of it, the husband and wife need to jointly bear the responsibility.

Article 1089 of the Civil Code of the People's Republic of China In the event of divorce, the joint debts of the husband and wife 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. Article 1090 of the Civil Code of the People's Republic of China In the event of a 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 1092 of the Civil Code of the People's Republic of China: Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the property jointly owned by the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife in divorce, the other party may receive a smaller share or no share. After the divorce, if the other party discovers that he or she has concealed the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

Legal Analysis: The debts arising from the sale of trousers after marriage are joint debts. The husband and wife can agree that one party shall bear all the joint debts, but this agreement cannot oppose the legitimate rights and interests of a third party, and the creditor can sue the husband and wife to claim the creditor's rights in accordance with the law.

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 office. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separation 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.