There is a lady who owes me money, and now that they are divorced, can they get the money back?

1. When the other party owes you money, whether she has been divorced. If you are divorced, you can't claim it to both parties, you can only ask for it from this lady.

2. When the other party owes you money, you have not yet divorced, according to the "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".

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.

It depends on whether the arrears are signed or recognized by both parties, if not, it depends on what the money is used for, if it is gambling, or other debts that are not incurred for the daily needs of the family, it can only be claimed against the lady, not the husband and wife.

It is recommended to file a lawsuit with the court in a timely manner to resolve the dispute.

If the arrears are used for the husband and wife's common life, production and operation, it is a joint debt of the husband and wife, and will not be changed due to divorce or not.

It mainly depends on whether the loan at that time is used for the joint life of the husband and wife, and you have to provide preliminary evidence, otherwise it cannot be used as a joint debt of the husband and wife. In addition, whether the lent money can be recovered mainly depends on two aspects, one is whether the other party is willing to repay, and the other is whether the other party has the ability to repay. If you have a clear intention to repay, you can sue and get it back by applying for enforcement.

If you don't have the ability to repay, there's really no way to do this.

It's only natural to pay off debts, unless you can't find him.

It doesn't matter whether he is divorced or not, if you know the other party's ex-husband, you can find her.

Of course. She owes you money and it doesn't matter if she's married or not. As long as you have an IOU, you can go to court and appeal to get it back.

Of course, you can get it back, you can sue the woman directly, if the woman claims that the loan is used for the husband and wife to live together, then it is a joint debt of the husband and wife, and the husband has to bear part of the debt.

Paying back the debt has nothing to do with whether she is divorced or not.

Money borrowed between husband and wife must be repaid in the event of divorce. As long as there is no statutory reason for invalidity of the IOU, the IOU is legally binding on both parties, and the husband and wife will form a legally recognized lending relationship, when the debt is due, the creditor will require the debtor to repay the debt according to the specific circumstances, and if the debtor does not repay the debt on time, the creditor can sue to get the loan back.

Article 82 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1) Husband and wife enter into a loan agreement; Where the joint property of the husband and wife is lent to one party to engage in personal business activities or to be used for other personal affairs, it shall be regarded as an act of disposition of the joint property of the husband and wife by both parties, and may be handled in accordance with the provisions of the loan agreement upon divorce.

Legal analysis: Whether the divorced man owes the money to the woman depends on whether it is a joint debt. It does not mean that the money owed by the other party must be repaid after the divorce, this also needs to consider whether it is a joint debt of the husband and wife, if the other party is a gambling debt owed by going out to gamble, then the other party does not need to repay.

If it is a joint debt of the husband and wife, the woman must repay it even if she is divorced.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China Debts borne by the husband and wife as jointly signed or recognized by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in his or her 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.

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According to your question [Should the husband and wife pay back the money owed to his wife by the husband and wife after the divorce], the following is the result of my analysis for you from a legal point of view: You can get it back If the husband and wife enter into a loan agreement and lend the joint property of the husband and wife to one party to engage in personal business activities or use it for other personal affairs, it should be regarded as an act of agreement between the two parties to dispose of the joint property of the husband and wife, and it can be handled in accordance with the loan agreement when the divorce occurs

If the husband and wife are divorced, should the money owed by the husband to his wife be returned?

Hello, I'm honored to answer for you [fresh slippery chain flowers]. According to your question [Should the husband and wife pay back the money owed to his wife after a divorce], the following is the result of my analysis for you from a legal point of view: You can get it back If a husband and wife enter into a loan agreement and lend the joint property of the husband and wife to one party to engage in personal business activities or use it for other personal affairs, it should be regarded as an act of agreement between the two parties to dispose of the joint property of the husband and wife

Hello, the following is the relevant legal basis I have found for you, I hope it will be helpful to you: Definition of joint property of husband and wife: The property acquired by both parties or one of the spouses during the existence of the marital relationship is called the joint property of the husband and wife, which is jointly owned and disposed of by the husband and wife.

The joint property of husband and wife mainly includes the following property: (1) the salary, bonuses, allowances and other wage income of both husband and wife or one of the spouses; (2) Income from the production or business operations of both husband and wife or one of them; (3) The income obtained by both spouses or one of the spouses through their intellectual property rights. refers to the property gains actually obtained or can be obtained during the existence of the marital relationship between husband and wife; (4) Property inherited or donated by both husband and wife or one of the spouses, except for property that is confirmed in the will or gift contract to belong to only one of the husband or wife; (5) Other property that shall be jointly owned by the husband and wife mainly refers to:

1) During the duration of the marital relationship, the income obtained by one of the spouses from the investment of personal property; (2) During the existence of the marital relationship, the housing subsidy and housing provident fund actually obtained or should be obtained by the male and female shuangfan defense parties; (3) During the existence of the marital relationship, the pension insurance and bankruptcy settlement compensation actually obtained or should be obtained by the man and woman.

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If the husband owes the wife the money back after the divorce, it depends on whether the money owed by the husband to the woman occurs during the marriage or after the parties have gone through the divorce procedures and the joint property of the marriage has been separated, whether there is relevant evidence to prove the fact of owing money (such as IOUs), or the fact that the other party owes money can be made through audio recording and other means. However, the divorced man owes the woman money and needs to be repaid, and if he is unable to repay, he can negotiate to settle it, and if the negotiation fails, he can file a lawsuit.

If the husband and wife are divorced, should the money owed by the husband to his wife be returned?

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If the husband owes the wife the money that the husband owes the husband and wife in a divorce, it depends on whether the money owed by the man to the woman occurs during the marriage or after the two parties have gone through the divorce procedures and separated the joint property of the marriage, whether there is relevant evidence to prove the fact of owing money (such as IOUs), or the fact that the other party owes money can be made through audio recording and other means. However, the man who has left the nuclear brigade to marry the woman owes money and needs to pay it back, and if he is unable to repay, he can negotiate a settlement, and if the negotiation fails, he can file a lawsuit.

If the husband repents of the divorce by agreement and fails to return the money owed to the woman on time, the woman can negotiate with the man to ask the man to repay the money; If the man refuses to repay the money, the woman can sue the court to require the man to repay the money, and at the same time, the woman should pay attention to the evidence that the husband owes and the arrears have not been returned, such as IOUs, loan contracts and other evidentiary materials. If, after the court makes a judgment, the time limit for the performance of the judgment expires, and the husband still does not repay the money, the woman may apply for compulsory enforcement.

Legal analysis: If the husband owes a debt after divorce, if it is a joint debt of the husband and wife, the wife should repay it jointly, and if it is a personal debt, it does not need to be repaid. Where the joint property is insufficient to be repaid or the property is owned by each other, the two parties shall agree to settle it, and if it is an individual debt, the individual shall 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 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) 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.

If the husband owes a debt outside the husband and the wife is unaware of it, it shall in principle be recognized as a joint debt of the husband and wife, and shall be repaid jointly by the husband and wife; If the debt is not a joint debt, it is repaid by the husband alone.

Article 1089 of the Civil Code provides that 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 by each party, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

The husband owes money and the wife still has to divide the situation after the divorce

1.If the debt is a personal debt, the wife is not jointly liable;

2.If the debt is a joint debt of the husband and wife, for example, if the debt is used for the husband and wife to live together, jointly produce and operate, the wife is jointly responsible.

Although it is presumed that the debts incurred during the existence of the marital relationship are the joint debts of the husband and wife, an exception is also provided, namely the third paragraph of Article 1065 of the Civil Code, which stipulates that "the husband and wife shall agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or the wife to the outside world shall be paid off with the personal property of the husband or the wife if the counterpart is aware of the agreement".

1. The provisions of the Civil Code on marital debts.

Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as a result of a joint expression of intent, 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, 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 1065:A man and a woman may agree that the property acquired during the existence of the marital relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marriage shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the personal property of the husband or wife shall be paid off with the personal property of the spouse or the wife.

Article 1066:In any of the following circumstances during the existence of a marital relationship, one of the husband and wife may request the people's court to divide the joint property:

1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or falsifying the joint debts of the husband and wife;

2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

2. Can a husband and wife sue if they are involved in a contract dispute?

It needs to be seen on the facts of the case, if the creditor claims rights in respect of the debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship, it shall be treated as joint debts of the husband and wife, and the husband and wife may be sued.

However, if 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 is a circumstance prescribed by law, that is, the husband and wife have agreed that the property acquired during the existence of the marital relationship shall be owned by each other, and the debts owed by the husband or wife to the outside world, unless the third party is aware of the agreement and the property owned by the husband or wife is repaid, it is not a joint debt of the husband and wife and cannot be sued together.