What should I do if I owe the debt before the divorce, and do I have to pay it back if the other par

1. Premarital debts of husband and wife Article 23 of Interpretation II of the Marriage Law stipulates that if a creditor claims rights against the debtor's spouse in respect of the personal debts incurred by one party 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.

Therefore, in principle, premarital debts are personal debts and should be borne by the debtor personally, but if the creditor can prove that the debts are used for family life, they shall be treated as joint debts of the husband and wife.

In the case of joint debts, the creditor may require both spouses to be jointly and severally liable for repayment.

Article 24 of the 2003 Judicial Interpretation II of the Marriage Law stipulates that "if a creditor claims rights in respect of a debt incurred by one of the spouses in his or her own name during the existence of the marital relationship, it shall be treated as a joint debt of the husband and wife". The interpretation also makes it clear that the debtor and his wife do not need to have a collegiate debt agreement.

If one of the spouses claims that the loan was not used for the joint life or production of the couple, proof is required.

If it is not a joint debt of the husband and wife, there is no need to repay it jointly. If it is stamped or not, I personally think that there is no legal relationship and correlation with whether it is necessary to bear the debt. Whether it is a joint debt of the husband and wife and whether it needs to be repaid by oneself , in.

If you want @律 teacher to help analyze what happened and find out.

Legal analysis: Under normal circumstances, joint debts between husband and wife usually require both husband and wife to bear joint and several liabilities for repayment. If one of the parties to the joint debt does not pay the money or cannot find its whereabouts, then the creditor can still hold the other party responsible.

If the creditor is unable to locate the missing party, then the debt can be recovered from the missing party's spouse. This is because the spouse of the missing spouse is liable for the settlement of joint debts between the spouses.

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, and the two parties agree to settle the property and fail to reach an agreement, the people's court shall make a judgment.

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Hello, happy to answer your questions. <>

Dear, according to the situation you described, it is not legal for you to repay the joint debt alone, and it is recommended that you contact the other party for further negotiation and settlement.

I wrote a divorce agreement + didn't get a divorce certificate, and both parties have joint debts that have not been repaid, and then I want to pay it back legally.

Hello, happy to answer your questions. <>

Dear, according to the situation you described, it is not legal for you to repay the joint debt personally, and you can contact the other party for further negotiation and settlement.

In addition, the divorce agreement does not take effect without obtaining a divorce certificate.

If the two parties cannot resolve the matter through negotiation, they can collect evidence and file a lawsuit with the court.

The procedure for court proceedings is as follows: 1. The parties file a civil lawsuit. 2. Courts that meet the following conditions accept and file cases:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of the people's court's acceptance of civil lawsuits and the jurisdiction of the people's court receiving the lawsuit. 3. After the court accepts the case, it shall send a copy of the complaint to the defendant within 5 days from the date on which the case is filed, and the defendant shall submit a reply within 15 days from the date of receipt. Fourth, the court arranges the trial.

5. The court renders its judgment.

Have you contacted the other party for negotiation so far?

Legal Analysis: If the debt is a joint debt of both parties, then it should be jointly assumed. There is no obligation to repay personal debts.

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 at the marriage registration office in person.

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

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

If the debts owed by one party at the time of divorce are joint debts of the husband and wife, or if one party owes debts, but the money is used for the husband and wife to live together and jointly produce and operate, the debts shall be repaid jointly by the husband and wife; If it is a personal debt of one party, it is repaid by the individual.

[Legal basis].

Article 1064 of the Civil Code of the People's Republic of China.

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.

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 1089.

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 paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Hello, Mr. Li of China Fast Law has the answer for you. According to the relevant provisions of China's marriage law, both parties have the obligation to repay the joint debts owed during the marriage. After you repay the loan, if there is evidence that the debt is a personal debt of the other party, you can recover it from the other party through the litigation process.

Hope it helps.

If the debt is a personal debt, the other spouse is not required to bear the obligation to repay, and if it is a joint debt, the other spouse should jointly bear the obligation to repay.

Article 41 of the Marriage Law At the time of divorce, the debts originally incurred by the husband and wife while 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.

Hello, the debts after marriage are personal debts, and the other party is not obliged to repay.

Debts are pre-marital debts, which are joint debts, and it doesn't matter after divorce.

During the marriage, it is a joint debt.