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My wife owes a huge amount of foreign debt to her family, and I feel that I can't live with her anymore. Before the divorce, you will also have to file a lawsuit in court, and she should compensate you for her losses if she was gambling illegally outside without your knowledge.
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It's up to you! I think. You feel that your wife is hiding from you and cheating you on so much foreign debt, and you are very sad.
If you can't get by, divorce your wife. And there is also a look at whether this foreign debt belongs to the wife unilaterally, or should it be counted on your joint debt? Ask a lawyer about this!
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If your wife has such a behavior, I think your wife must have gone too far, and you should think about how your wife will deal with this matter.
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Your wife is really powerful, your sons are so old, it's time to talk about marriage, your wife has obviously cheated your whole family by doing this, and you can't get back the money, so it's better for the whole family to discuss.
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You are husband and wife, and if it is one person's debt, it needs to be repaid between the two husband and wife! However, you can protect your rights through legal channels!
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That's what's wrong with her. Discuss everything with your family. This is her.
You have to understand.
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I think if that's the case, you have to think about your current marriage problem, which is still a more important and serious problem.
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My wife lost all her money and house by gambling, and she still owes so many foreign debts, she can't live this day, so she still separates the family.
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In this case, it is really difficult to say that there are so many debts that need to be repaid now. I suggest you go with him and I see if we can go on together?
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It's not good to quit gambling, it depends on your feelings for her, but you always have to think more about your child.
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Legal analysis: to see whether the debt is used for the husband and wife to live together, and for the common life to be distributed.
1. If the loan is "unclear", it should be treated as a joint debt of the husband and wife, and the conditions for the exemption of one of the husband and wife from the corresponding debt are: either the third party has been informed of the agreement that the property is owned separately and the debts are borne separately, or the debts are not used for the common life of the family after marriage. If the creditor is not aware of the agreement between the husband and wife on the property, and the loan has indeed been used for family life after marriage, it is classified as a joint debt of the husband and wife, and both husband and wife are liable for repayment.
2. If the arrears are "unclear", they shall be borne as the joint debts of the husband and wife. Although the debts incurred by one of the husband and wife in the operation of the husband and wife may not be recognized as joint debts of the husband and wife, and one party shall pay off them individually, it must be based on the premise that "one party has engaged in business activities without the consent of the other party, and its income has not been used for the debts incurred by living together". 3. Debts that are "divided" must also be repaid.
If the divorce agreement of the parties or the judgment, ruling or mediation document of the people's court has already dealt with the issue of the division of marital property, the creditor still has the right to claim rights against both the husband and the woman in respect of the joint debts of the husband and wife. Where, after one party bears joint and several liability for the repayment of joint debts, claims recovery from the other party on the basis of the divorce agreement or the legal documents of the people's court, the people's court shall support it. In other words, under normal circumstances, even if the marital property has been divided, both parties are liable for repayment of the joint debts of the husband and wife.
Legal basis: Civil Code of the People's Republic of China
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 an expression of common intent such as retrospective 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 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or 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 marital relationship 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 repaid.
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Legal analysis: If the money owed by the wife is a joint debt of the husband and wife, then the wife is obliged to repay. Whether the husband owes money and whether the wife has an obligation should be analyzed according to the specific situation.
During the subsistence of the marital relationship, the debts owed by one party outside the home shall be regarded as joint debts of the husband and wife as long as they are used for family life or joint investment and business operations of the family, and the husband shall not pay them back now, and the wife shall be obliged to repay them. If it is a debt owed by the man alone and is used for personal investment or consumption, it is a personal debt, and the woman has no obligation to repay. Husband and wife may agree that property acquired during the marriage and property acquired before marriage shall be separately or jointly owned or partly separately and partly jointly owned.
The agreement shall be in writing.
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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If the husband owes a large amount of foreign debt to his wife without telling his wife, then the husband needs to pay it alone. Because the debt is a personal debt of the husband, the husband only needs to use his personal property to pay it, and the wife does not need to be liable for the repayment of the debt. In the event of a divorce, the joint debts of the husband and wife need to be repaid jointly.
If the joint property is insufficient to be settled, or the property is owned separately, it is generally necessary for both parties to agree to settle the settlement. If the agreement is not reached, the people's court shall make a judgment.
Civil Code of the People's Republic of China
Article 1089.
Settlement of joint debts of husband and wife in the event of divorce] 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. 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 1090.
Financial Help for Divorce] In the event of a divorce, if one party is in financial difficulty, the other party who can afford it should provide 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.
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Hello dear. 1. The husband owes a debt, and if the debt is a joint debt of the husband and wife, the wife must also pay it back. Both spouses have the obligation to repay the loan and need to repay it with their joint property; 2. If it is a personal debt belonging to one party, the other party does not need to repay.
3. 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 subsequent recognition of the common intention, 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. 4. 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 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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