How can an uninformed party avoid liability for gambling debts incurred by one party during the marr

How can an uninformed party avoid liability for gambling debts incurred by one party during the marriage? I think everyone should have heard a little bit of the unfair one-size-fits-all legend of Article 24 of the Marriage Law, because of this Article 24, I don't know how many innocent and unwitting people have been sentenced to a lifetime of crimes. However, on February 28, 2017, the Supreme People's Court promulgated the Supplementary Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II), adding two paragraphs to Article 24 of the Judicial Interpretation and Interpretation (II) of the Marriage Law as the second and third paragraphs of the same article, respectively.

One of the two added here is that "where a third party claims rights for debts incurred by one of the husband and wife in gambling, drug abuse, or other illegal and criminal activities, the people's court shall not support it." Therefore, during the existence of the marital relationship, the gambling debts of one party cannot be regarded as joint debts of the husband and wife, so the other party can not be responsible for this debt at all. However, I asked the lawyer, in this case, if you want to avoid responsibility, what you must do is to find evidence to prove that the money was used by the other party for gambling debts.

The most direct evidence is that he was reported to be detained by the police station when he was gambling, this is the most direct and the most effective, if the other party has not been detained for gambling, then this is more difficult, this has to look for all clues from the gambling places he often goes to, even if it is the transfer of funds he gave to the gambling party, the proof of time in the casino, the use of various human and physical evidence, as long as you can prove that the debt is a gambling debt, then, you can completely stay out of the matter. Although this is difficult, now that the state will make supplementary amendments to Article 24 of the Marriage Law, it is to prove that the state is also paying more and more attention to the fact that the 24 articles are unfair and unfair, so I believe that as long as you can try your best to find it, and this is indeed a gambling debt, you will definitely find evidence to prove it! <>

<> there are clear provisions in the law on this issue, and the uninformed party does not have to worry about evading responsibility, and now the law has clear provisions on the gambling debts of one of the husband and wife, as far as I know, as an unaware party in the marriage, even if the marriage relationship exists, there is no need to jointly bear the gambling debts of the other party.

First of all, we need to understand that there are legal regulations on the debts owed by the husband and wife to live together. Generally, it is the debts incurred by the husband and wife due to living together, such as the debts incurred by the husband and wife due to living together, such as the debts incurred by the house loan and renovation of housing, as well as the debts incurred by the car loan and medical expenses for medical treatment, etc., as well as the expenses that should be borne by both parties in daily life. In this regard, it is best to look at the relevant laws and regulations, so that it will be relatively clear.

Secondly, the Marriage Law has clearly determined that the debts that are not jointly borne by the husband and wife, such as the debts owed by one party for gambling, because the debts in this regard are committed by one party, and are not used for the common life and family life of the husband and wife, to a certain extent, it is purely the unreasonable expenses of one party, and cannot be included in the scope of the joint debts of the husband and wife at all, therefore, due to the debts arising from gambling, the unaware party does not need to bear any responsibility, and naturally there is no need to evade responsibility.

Finally, you must understand that although the marriage relationship between husband and wife is legally protected, when it comes to economic aspects, especially financial debts, it is counted as unreasonable expenses of one party and has no direct relationship with the other party. We all need to understand that the main basis for judging whether both spouses need to bear the joint debts is whether the debts are used for the common life of the two parties, in other words, whether they are used for both parties.

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 a debt 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 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 it.

Basis of the law: Article 1064 of the Civil Code: Debts borne by the husband and wife 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.

Legal Analysis: During the existence of the marital relationship between husband and wife, the debts incurred by the husband and wife in the name of the husband and wife for the daily needs of the family during the existence of the marital relationship belong to the debts of the husband and wife and are jointly repaid by 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;

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 the husband and wife, 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 operation, or based on the expression of the common intention of the husband and wife.

Summary. Hello, if the debt is not used for family life, it is a personal debt and the spouse is not obliged to pay it.

Hello, if the debt is not used for family life, it is a personal debt and the spouse is not obliged to pay it.

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 in the after-fact recognition of the common intention of the husband and wife, 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.

Summary. Dear, glad to answer for you! Debts owed by one party during the marriage without the knowledge of the other party are not required to repay the debts of the other party.

If one of the spouses is not aware of the debt, if it is indeed a marital debt, even if one party is unaware, it is necessary to bear the responsibility for repayment. On the contrary, if it is a personal debt of one party, whether you know it or not, you do not have to bear the responsibility of repayment.

Dear, I'm glad to answer for you! During the marriage, debts owed by one party without the other party's knowledge are not required to repay the other party's debts. If one of the spouses is not aware of the debt, if it is indeed a marital debt, even if one party is unaware, it is necessary to bear the responsibility for repayment.

On the contrary, if it is a personal debt of one party, whether you know it or not, you do not have to bear the responsibility of repayment.

Kiss, expand for you! Article 1064 of the Civil Code stipulates that debts incurred by both parties in the joint signature or post-facto recognition of the common intention of one of the husband and wife, as well as debts incurred by one party in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts. Debts incurred by one party in his or her own name during the marriage in excess of the daily needs of the family are not joint debts; However, the creditor can prove that the debt was used for common living, joint production and operation, or based on the common intention of both parties.

It does not depend on whether one party is aware of the existence of the debt, but whether the transaction is a joint debt, including whether it is a debt 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 to be a joint debt, even if one party is not aware of it, then it is still liable, that is, it has the obligation to award the return of the grandson.

Legal analysis: During the existence of the marital relationship, if one of the husband and wife requests the division of the joint property, the people's court will not support it, and if one party falsifies the joint debts of the husband and wife during the existence of the marital relationship, the other party may request the people's court to divide the joint property of the husband and wife.

Legal basis: According to Article 1092 of the Civil Code of the People's Republic of China, if one of the spouses is sued for concealing, transferring, selling, destroying or squandering the joint property of the husband and wife, or forging the joint debts of the husband and wife in an attempt to encroach on the property of the other party, it is clear that when the joint property of the husband and wife is divided in divorce, the other party may receive a small share or no share.

After the divorce, if the other party discovers that he or she has committed any of 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.