Divorce property division and joint debts, urgent

1.According to the regulations, the division of property should take care of the innocent party.

2.Moral compensation will not arise here, but a multi-division of property can be claimed.

3.4Depending on the purpose of your debt, if it is for living or family investment, it is a joint debt, but there must be evidence.

1. Because it is the fault of the man, he should give more to the woman, and 2. There is no legal basis for claiming moral damages. 3 The Marriage Law stipulates that no property shall be divided during the divorce proceedings, and the woman shall be divided more than the woman in the distribution of property due to the fault of the man. 4. The wife does not know about it, it is not a joint debt of the husband and wife, and it should be borne by the man alone.

This question is very similar to our final exam questions.

Since it is the fault of the man, then a preferential judgment will be made to the woman, 1, yes.

2. It should be negotiated to divide the property, not compensation.

3, it will also give preferential treatment to the woman.

4. If there is evidence, it will also be preferential, but it is also considered a joint debt.

1. If the other party is at fault, it can appropriately ask for more points;

2. The law does not support it;

3. It is a common property that has not been notarized and is divided according to law;

4. It is a joint debt.

1. Where there is an external agreement, the joint debts of the husband and wife are to be determined in accordance with the external agreement.

1. If both husband and wife sign together, it shall be regarded as a joint debt.

When a contract with a creditor in the name of both husband and wife is signed with a creditor with the meaning of borrowing, such as borrowing money or property, if both husband and wife jointly sign and agree to the debt, the debt shall be regarded as a joint debt incurred by the husband and wife during the marriage.

2. If one party signs and the other party recognizes it, it shall be regarded as a joint debt.

During the existence of the marital relationship, if one of the husband or the wife signs a debt contract with a third party, and the other party agrees or recognizes the debt contract after knowing about it, the debt shall be regarded as a joint debt of the husband and wife.

2. If there is no external agreement, it shall be judged according to the purpose of the borrowing.

1 If it is used for the "daily life of the family", it is considered a joint debt.

During the marriage, if the husband or wife borrows money from a third party for the purpose of satisfying the family's daily needs, such as firewood, rice, oil, salt, sauce, vinegar, tea, and other expenses related to basic living needs, the debt shall be regarded as a joint debt of the husband and wife.

2 If it is used for "husband and wife living together", it is regarded as a joint debt.

During the marriage, if one of the spouses borrows debts to a third party during the period of the husband and wife's common life, such as the loans or loans owed for houses, cars and other daily necessities purchased during the period of the husband and wife's common life, they are all joint debts within the marriage. It should be noted here that if after the separation of the husband and wife, one party incurs debts for production and operation, and the income from production and operation is not used to support the family or is not used for the joint expenses of the family, then the operation and production are personal acts and have nothing to do with their family life, and the debts incurred for this purpose are personal debts, not joint debts of the husband and wife.

3. If it is used for "joint business of husband and wife", it shall be regarded as joint debt.

During the existence of the marital relationship, if the husband and wife borrow debts for the operation and management of enterprises, individual industries and businesses, and the income from production and operation is used to maintain the needs of the husband and wife to live together and daily life, the debt is a joint debt.

Article 1: Debts borne by both husband and wife that are jointly signed by both husband and wife, or by one of the husband and wife after the fact, or other common expressions of intent, shall be found to be joint debts of husband and wife.

Article 2: Where a creditor claims rights over 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, on the ground that they are joint debts of the husband and wife, the people's court shall support them.

3. Criteria for repayment of common debts.

In the case of divorce property division, the criteria for repayment of the joint debts of the husband and wife are:

1 First, it should be settled with common property.

2 If the joint property is insufficient to pay off, the liability for repayment shall be determined through negotiation at the time of divorce, and if the division cannot be agreed upon through negotiation.

If the negotiation determines the liability for repayment, it may appeal to the people's court for a judgment.

When the at-fault party divorces, the joint debt also needs to be repaid jointly by both parties. Divorce requires the spouses to bear joint debts, which should be repaid jointly by the joint property in the first place. 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.

[Legal basis].

Article 1064 of the Civil Code.

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.

At the time of divorce, the debts originally incurred by the husband and wife 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. Debts incurred by the husband and wife for the purpose of living together or for the performance of maintenance and maintenance obligations shall be recognized as joint debts of the husband and wife, and shall be paid off with the joint property of the husband and wife at the time of divorce.

Article 1076 of the Civil Code of the People's Republic of China 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, where mediation fails, 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 abuse that have not been changed repeatedly; (4) They have been 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.

After the people's court has ruled that the divorce is not allowed, and the two parties have been separated for another year, and one party files a divorce lawsuit 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.