Regarding the questions about marriage, debts and children s household registration, I hope the lawy

The law, especially the revised Marriage Law, as well as judicial interpretations, provide a legal basis for dealing with the joint debts of husband and wife, but these provisions are not specific and detailed, and lack operability, so there are many problems in trial practice. Its main problems are:

1. It is difficult to determine the joint debts of husband and wife.

In the early stages of a marital relationship, it is often impossible for the spouses to foresee the future divorce and to consider the sharing of debts at the time of divorce because of the harmonious relationship, mutual trust and mutual faithfulness of the husband and wife. Therefore, they are usually subjectively unwilling and objectively do not pay attention to collecting and preserving evidence of their own borrowing, owing, and joint debts of husband and wife that may be formed by business risks. Once a divorce lawsuit is filed, the other party often denies the debt in his or her own interests.

A typical case is telling. Li Yu and Lin Yinghua fell in love and married freely, the relationship between the husband and wife was very good, Li Yu wanted to go abroad to work, and entrusted Lin Yinghua to borrow money. Lin Yinghua borrowed 100,000 yuan in cash in her own name to deliver it to her husband, but the husband and wife did not hand over the receipt.

In the divorce proceedings, the husband firmly denied accepting the loan from his wife. According to the rule of proof in civil litigation, the party asserting the right must bear the legal consequences of failing to present evidence, and it is impossible for the court to support a litigation claim without evidence. In fact, it is often the case that the spouse who claims the joint debt of the husband and wife has contributed a lot to the family, but the outcome of the lawsuit is not in his favor.

In this case, although the result of the court's judgment is substantiated, it is not reasonable and difficult to achieve good social results.

2. The protection of the third party's creditor's rights is not effective.

Although Article 41 of the amended Marriage Law stipulates the basis for the handling of joint debts of husband and wife, it does not clearly stipulate what kind of responsibilities the husband and wife should bear externally during the existence of the marital relationship or after divorce. When applied in practice, it is inevitable that each will do its own thing and be self-righteous, which will undermine the solemnity and uniformity of the law. The following is a discussion of different situations.

1) If the husband and wife have joint debts during the existence of the relationship, and the third party, i.e., the creditor, sues only one of the husband and wife, the court supports the creditor's claim and orders one of the husband and wife to bear the debt. In enforcement proceedings, the court enforces the joint property of the husband and wife, or takes compulsory measures against the spouse who is listed as the person subject to enforcement. The substantive and procedural treatment of court decisions is debatable.

In substance, it is not clearly determined whether it is an individual debt or a joint debt, and whether the other spouse of the husband or wife is indeed a necessary co-defendant is not considered in the procedure, and whether it is necessary to decide to join the proceedings as a co-defendant. Litigation and enforcement become two skins, which do not coincide exactly. The other spouse of the husband or wife only bears limited "share" liability, and the third party's claims cannot be effectively protected.

2) If the husband and wife have joint debts during the existence of the relationship, and the creditor sues only one of the husband and wife, the court upholds the creditor's claim and orders one of the husband and wife to bear the debt. After the divorce, in the enforcement procedure, the court enforces the personal property of one of the original spouses listed as the person subject to enforcement, or only takes compulsory measures against him. The judgment in this case is the same as the above, and the creditor is in a more disadvantageous position in the enforcement.

Premarital debts are legally irrelevant to her. She doesn't have to pay it back. All income is basically joint property, yes.

Her income is the same. If she earns more, it really doesn't work for her. Children born out of wedlock can be registered.

The hospital does not check the marriage certificate. You have debts, and if you don't pay them, your children really can't go to high-fee private schools. If you can afford to pay the tuition, you should pay them back first.

Depending on the situation you described, it is recommended that you take the following actions:

1. Let your mother and father dissolve their marriage, that is, divorce. After the divorce, due to the disconnection of the relationship between the husband and wife, the debts before the divorce may be recognized as joint debts due to the influence of the marital relationship, but after the divorce, if new debts are incurred, you can only ask your father to bear them independently, because the marriage relationship no longer exists. Here, whether it is a joint debt of husband and wife needs to be determined by the court, so there is no need to be too anxious, if you have evidence to prove that the debt is not used for your daily life and production after your father borrowed it, it belongs to his personal debt and has nothing to do with your mother.

2. For those who collect debts, in order to protect the personal safety of you and your mother, you must not conflict with them. You can ask them to sue your father and you tell them that their parents are going to divorce and that you have no property to pay their debts. Voiceover:

In fact, you are not obligated to repay the debt, and even if you use it, the loan is at best considered a joint debt. Therefore, you do not have to worry about the repayment of the debt of the father and the child. There is no provision in Chinese law for the repayment of the debts of the father and the son, and only the debts of the deceased shall be paid off within the scope of the property you inherited at the time of inheritance.

3. Whether your mother has the right to distribute the property in your father's name, whether you suspect false testimony, and whether you are worried that their joint property will be mortgaged by your father, you can ask the judge to give you an explanation after going to court at that time.

If you have difficulty dealing with the problem, it is recommended that you consider asking your mother to hire a professional matrimonial lawyer to help you deal with it.

1. Your father's debts have nothing to do with you and do not need to be repaid by you. 2. Any formalities handled by your father in the name of your mother are invalid, and the mortgage or guarantee made by your mother is invalid. 3. In principle, the joint property belonging to your parents should be used to repay the arrears, and your father's arrears are usury, and the law does not support illegal interests, and if you file a lawsuit, you will not support the interest rate that exceeds the bank's loan interest for the same period.

4. If you want to preserve your property, it is recommended to divorce and divide your property. In this way, any borrowing behavior of your father after the divorce has nothing to do with your mother. 5. Your father's act of borrowing money in his personal name for the purpose of the company essentially benefits the company, and he can request repayment with the company's assets, which must be proved.

1. Generally speaking, there is no legal basis for the repayment of father's debts and sons' debts.

2. If the mortgage is made with a fake signature, your mother can claim that the mortgage is invalid.

3. In the case of not dissolving the marriage relationship, it is difficult to protect oneself, and it is safe to divide property through divorce.

Your problem is more complicated, the above is only a preliminary judgment, it is recommended to bring relevant information to consult a lawyer in person!

1. If your father's company is ****, the company's debts are repaid with the company's property until it goes bankrupt, and it has nothing to do with the family's private property.

2. If your father borrows money from other people or other companies in his own name, and he can't pay it back, he has to repay the money with the joint property of the husband and wife.

3. If your father and mother sign an agreement that the property during the relationship between husband and wife shall be owned by the husband or wife, and the person who lent it to your father will know (written on the IOU), your mother may not pay back such debts if your father cannot pay them back in the future.

4. Your father forged your mother's signature and asked the bank for a mortgage, and if the money is not repaid, the mortgaged property will be used to repay the bank debt. Because, although your mother may say that she does not know, it is the joint property of the husband and wife, and the joint property of the husband and wife should be used to pay off the husband's debts.

5. If you take out the company's money and distribute it to your mother, and the company will borrow at high interest, this idea will not work. It is unlikely that a business will run without debt, and if your father does not have a gambling habit and the borrowed money is used for the normal operation of the company, as a child, it is better to take care of it less, because it is useless for you to worry.

First of all, debt has human nature, that is, there is a debtor, and you don't have to worry about it. However, family property is common and has effect when it is secured externally. In the case of real property settlement, if it is necessary to use collateral, it cannot be used against a third party.

It is recommended that you and your mother revoke your father's sponsorship. The joint property of the husband and wife shall be divided equally in the divorce, but if there are debts, the debts shall be fulfilled first. Because the civil law attaches great importance to the interests of creditors, the joint property of husband and wife cannot be used against creditors.

If you have a relationship with your father, it is recommended that you get through it together. If the relationship is weak, it is recommended to divorce, and find a lawyer who will help you analyze it carefully.