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It should be repaid because it is joint property before the marriage.
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The money borrowed by the husband before the divorce, which is a debt owed by the husband during the existence of the marital relationship, if the money is used for the common life of the family, it is of course a joint debt of the husband and wife, and the wife has the obligation to repay the debt jointly after the divorce; If the husband borrows the money behind his wife's back and does not use it for family life, or if the husband uses it for illegal expenses such as gambling and pyramid schemes, the wife is of course not obligated to repay.
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According to the fourth interpretation of the Marriage Law, this needs to see whether the money belongs to the joint debt of the husband and wife, and only those used for the common life of the husband and wife, production and operation belong to the joint debt of the husband and wife, and both parties need to pay off together, otherwise it is not a joint debt, but a personal debt, thank you.
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The wife does not need to repay the money borrowed by the husband before the divorce after the divorce, although it is said that the husband and wife have joint property and joint debts, but the wife does not sign to borrow the money, the wife has no obligation to repay.
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The money borrowed by the husband before the divorce, whether the wife needs to repay the debt after the divorce, look at two points, the first is whether it is a joint debt and a joint signature, that is to say, whether the wife also signed when the husband borrowed the money, if he signed, it must be a joint debt, and it must be repaid even if the divorce is divorced. The other is whether the money borrowed by the husband is used for the common family life, and if he uses it for the common family life, it is a joint debt.
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If the debt owed by the husband before the divorce is a personal debt, it will be repaid by the man personally, and the woman should not pay it back; In the case of joint debts of the husband and wife, the debts shall be repaid by the husband and wife with their joint property, and the creditor may require both husband and wife to repay the debt jointly.
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;
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The question is actually very simple, what is the money for? If the husband borrowed money and gambled behind his wife's back, then the wife did not have to repay a penny of the divorce. However, if the wife also knew about the loan and used it for daily expenses, then this is regarded as a joint debt, and the divorced wife has to bear half of it.
The key point is whether the wife knows about this money and whether she has enjoyed it.
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Before the divorce, the husband borrowed money. After the divorce, does the wife have to pay it back? The question goes like this.
Take care of the borrowed money, if the wife knows about it. Then it should be repaid with the husband, and if it is the money that the husband borrowed privately, the wife will not know until the day of the divorce. If you have a foreign debt, then your wife is not obligated to pay the debt with you.
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If the loan owed by the husband before the divorce is not used for the life and business of the husband and wife, the loan is a personal debt of the husband and not a joint debt of the husband and wife, and the wife is not obliged to repay the loan at the time of divorce.
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In the law, if your husband borrowed money before the divorce for household expenses, you are responsible for paying this part of the debt, even if you are divorced. But if you have evidence that your husband's money was used for his own consumption. You don't have to pay it back.
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If you don't pay it back, because the husband borrowed the money and is already divorced, the wife will not pay it back.
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It depends on whether the money borrowed by the ex-husband is a personal debt or a joint debt. In the case of joint debts, the wife is still liable for repayment after the divorce.
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Because, this is the money borrowed before the divorce, which is the joint debt of their husband and wife, if, when the divorce looks at how to divide this debt, there is no wife, the wife does not need to repay after the divorce.
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Depending on where the borrowed money is used, if there is evidence that it is used for drug abuse, gambling, raising a junior, etc., then there is no need to repay, it is a personal debt, if it is used for living expenses, etc., then it has to be repaid, as for how much to repay, it can be negotiated, this is not successful, then go to the court to sue, and then execute according to the judgment.
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If the money borrowed by the husband before the divorce is used in the family after the marriage, the husband's money still needs to be repaid jointly by the wife.
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The wife does not need to repay the money borrowed by the husband before the divorce because it is not jointly owned after the divorce.
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The money borrowed by the husband before the divorce is not used for personal illegal and criminal acts such as pornography, gambling, drugs, etc., is a joint debt, and must be returned by both husband and wife after the divorce.
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The law clearly stipulates that during the existence of the relationship between husband and wife, property is shared and debts are shared. If one party borrows money for gambling or illegal activities, the other party is not responsible for the debts in the event of a divorce.
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Yes, the money borrowed by either party before the divorce is a joint debt of the husband and wife, and it is necessary to agree on how to divide it when divorcing. If there is no division, return it together.
Unless the other party proves that he or she did not know, the borrower did not use the loan for common living.
This is to prevent couples from avoiding debts through divorce.
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Hello, this mainly depends on what he borrowed the money for, if it is purely personal consumption, then this can not be repaid, if the purpose of the borrowed money is for family expenses, then this money still belongs to the joint debt of both parties.
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If the money borrowed by the husband before the divorce is used for family life, the wife still needs to repay it after the divorce, otherwise, there is no need to repay.
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The money borrowed by the husband before the divorce should be a marital debt, and after the divorce, both of them have the obligation to repay the debt. Hope.
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It's a fart. According to the spirit of the law, "whoever raises a debt, he repays, and whoever commits a crime, bears it." "The law doesn't say anything about it, so whether your ex-husband borrowed money (before, after marriage or after divorce) has nothing to do with you, he can only pay it back personally.
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The money borrowed by the husband during the marriage, which was not repaid, belonged to the husband and wife, and now that they are divorced, it depends on how the law is broken, and it should normally be changed by the husband, and the money for the sake of drinking and carrying the bottle is asked.
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As long as you have a divorce certificate and cut off relations with him, all her debts have nothing to do with you, if someone harasses you to repay your debts, you can call the police to deal with it and give you a satisfactory answer.
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Debts incurred during the marriage of the parties.
After the debt appears, the divorce certificate is completed.
There is no point at all.
The parties must share the responsibility.
Divorce doesn't play any role at all.
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It depends on whether the borrowing woman agrees to borrow and whether it is used for common living or joint production.
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This depends on how you negotiated your debts in the first place, and the debts are generally negotiated, and whoever belongs to them will be repaid.
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Article 1064 of the Civil Code [Joint Debts of Husband and Wife] Debts borne by both husband and wife in a joint signature or a joint expression of intent such as the subsequent recognition of one of the husband and wife, as well as the 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.
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After the divorce, the ex-husband has no obligation to repay the debts of the ex-husband and the ex-wife, and if the debts arise during the original marriage, the husband and wife shall jointly bear them
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For economic disputes, it can be said that whoever borrows the money will pay it back, and it can also be based on where the borrower spends the money, whether it is spent on family expenses or personal expenses, and there must be evidence to prove that the money is spent on family expenses, and after the divorce, the wife should also bear part of it.
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If the money is consumed by the husband without the gambling debts borrowed by his wife, then the court judgment has nothing to do with the wife, and if it is a subsidy for the family, then half of it must be borne by the husband.
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The main thing is to see what the husband borrowed the money for at that time, and if it is used for the family, the wife will assist the husband in repaying the money jointly after the divorce.
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This question should be analyzed in such a way that if your husband borrowed money before the divorce for his own consumption, then the wife does not have to pay it back, but if his money is used to subsidize the family, then, in this case, even if the wife is divorced, she must repay this part, because the debt is joint.
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If the husband borrowed money before the divorce, should the wife repay it with him after the divorce? Here it depends on whether the wife knows about the money borrowed by the care? If you know it, you have to repay the debt with him, and if you take care of the money you borrowed privately, you don't know it at all, you don't know.
After the divorce after marriage, there is no need to pay off debts with him.
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Does the wife have to repay the money borrowed by the divorced ex-husband after the divorce? Before the divorce means that you are not divorced. Of course, the wife has the right to repay the borrowed money.
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Divorced, depending on whether this is before or after marriage. Whoever borrows money from them during their marriage shall generally be treated as a joint debt of the husband and wife and shall be repaid jointly by the husband and wife. Unless one of the spouses can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or that it is a false debt or an illegal debt.
The money borrowed before the marriage is generally a personal debt of the borrower and has nothing to do with the other party, unless the money is used for the couple's common life.
[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 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.
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The man lends money to his spouse and can ask for it back in the event of a divorce. According to the relevant laws and regulations, if the husband and wife enter into a loan contract during the marriage, and the borrower uses the loan for personal business activities or other personal affairs, it shall be executed in accordance with the provisions of the loan agreement. Can a husband get back the money he lends to his wife in the event of a divorce?The man lends money to his spouse and can ask for it back in the event of a divorce.
According to the relevant laws and regulations, if the husband and wife enter into a loan contract during the marriage, and the borrower uses the loan for personal business activities or other personal affairs, it shall be executed in accordance with the provisions of the loan agreement.
The legal basis for a husband to get money back in the event of a divorce from the money lent to his wifeArticle 82 of the Interpretation (1) of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family.
Where a husband and wife enter into a loan agreement and lend the joint property of the husband and wife to one party to engage in personal business activities or use it for other personal affairs, it shall be regarded as an act of agreement between the two parties to dispose of the joint property of the husband and wife, and may be handled in accordance with the provisions of the loan agreement in the event of divorce.
Article 83.
Where, after the divorce, one party files a lawsuit with the people's court requesting division on the grounds that there is still a joint property of the husband and wife that has not been disposed of, upon review the property is indeed the joint property of the husband and wife that was not involved at the time of the divorce, and the people's court shall divide it in accordance with law.
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Summary. Hello <>
The money that the husband lends to his wife can be returned after the divorce. If the husband has made it clear orally or in writing that he is lending money to his wife and has agreed on the time or conditions for repayment, he usually has the right to demand the return of the loan after the divorce.
Can a husband get back the money he lends to his wife after a divorce?
You're simple and <>
The money that the husband lends to his wife can be returned after the divorce. If the husband has made it clear orally or in writing that he has lent money to his wife, and has agreed on the time or conditions for repayment, then he usually has the right to demand the return of the loan after the divorce.
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The husband was unable to provide sufficient evidence to prove that he had borrowed money from his wife, or that he had not received the balance of the loan despite the documentary evidence.
You're smiling and <>
And there is no other effective way to prove that the repayment can or cannot be repaid, then the claim for the return of the loan may face certain legal difficulties.
Our divorce agreement didn't say that she lent her sister 50,000 yuan, and now that I think about it, can I still ask for it back?
Hello dear, yes.
How to sue, what is needed, I only have 15,000 transfer records, and 35,000 is her salary and bride price money during marriage!
Hello dear, you need to make sure that the transfer is in the form of a loan, or is it given as a gift or other forms of money, if it is a loan, you need to collect evidence to prove this loan, such as Gao Luyuan text message, chat about the collapse of the record.
It was lent to her sister.
Hello dear, if you decide to sue you can take the court to take the form of litigation to demand the repayment of the loan, the process of filing a lawsuit involves the submission of pleadings, ** trial of a series of procedures, in which the court will hear the evidence of the parties to make a judgment.
Hello dear, you can go directly to the court to sue.
Do you need to go to the local court or any court to file a lawsuit.
The defendant's location or habitual residence.
Is it okay to work in the place where I work or the court where my hukou is located? Yes.
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