Is the divorced woman obligated to bear debts after one year of marriage

See if it is a joint debt, and if so, it needs to be borne by the woman.

To determine whether a debt incurred during a marriage is an individual debt or a joint debt, two criteria are usually considered: first, whether the husband and wife have agreed to jointly borrow debts. If so, the debt is considered joint.

Second, whether the husband and wife share the benefits of the debt. Although there is no agreement between the parties to jointly borrow a debt, if the husband and wife jointly share the benefits of the debt after the debt has occurred, it is also regarded as a joint debt.

According to the above standards, the Marriage Law and judicial interpretations, the following situations are generally personal debts: premarital debts of one of the spouses; Without the consent of the other party, one party finances the debts incurred by the person who has no obligation to support; Without the consent of the other party, one party independently raises funds to engage in production or business activities, and its income is not used for living together; The property of the husband or wife specified in the will or gift contract as the personal property of one of the spouses, and the debts attached to the will or gift contract; Debts incurred due to unreasonable personal expenses such as gambling, drug abuse, and alcoholism; One party agrees with the creditor on personal debts; The third party knows about the property system agreed upon by the husband and wife, and the debts owed by one of the husband and wife to the outside world; Other debts that should be borne by individuals in accordance with the law, including debts incurred by one of the husband and wife for committing illegal and criminal acts or tortious acts.

If the debt is incurred during the period of the marital relationship, it is generally considered to be a joint debt of the husband and wife, and they will also be jointly and severally liable for repayment after divorce.

If it is divorced, it is proved that the debt is also owed by the man himself, which has nothing to do with the woman. Specifically, you can also go to the legal partner for consultation.

In the case of joint debts, the wife is obligated to bear 50 per cent.

Legal analysis: During the marriage of the husband and wife, the debts incurred by the husband and wife because of their common life belong to the joint debts of the husband and wife, and the creditor can claim the debt against either of the husband and wife; However, if one of the spouses can prove that one party unilaterally borrowed money for gambling and other acts, the other party is not obliged to repay.

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 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, 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.

Legal Analysis: Yes. During the marriage of the husband and wife, the debts incurred by the husband and wife due to their common life are the joint debts of the husband and wife, and the creditor may claim the debts from either of the husband and wife; However, if one of the spouses can prove that one party unilaterally borrowed money for gambling and other acts, the other party is not obliged to repay.

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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One year after the divorce, the husband has debts, and the woman does not need to bear them.

One year after the divorce, if the man has debts, does the woman need to bear them?

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One year after the divorce, the husband has debts, and the woman does not need to bear them.

The legal analysis made by the relatives for you is as follows: The husband's debts are borne by the woman if they fall under the following circumstances, because they are joint debts of the husband and wife: 1. The debts incurred for the purchase of the property purchased by the husband before the marriage have been converted into the joint property of the husband and wife.

2. The husband is engaged in production and business activities, and the income from the business is used for family life or for the spouse to share the debts. (3) The man's debts for the treatment of the sick and for the treatment of the person who has a legal obligation. 4. Debts incurred by the husband who has an obligation to support the elderly.

5. Hail of debts incurred to pay for the man's education and training. 6. Debts incurred by the husband to pay for the expenses of social interaction that are just and necessary. 7. Debts that are agreed upon by the husband and wife as joint debts; 8. Other debts that shall be recognized as joint debts of husband and wife.

The relevant legal basis for the in-house defeat is as follows: Article 1080 of the Civil Code states that in the event of divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint inspection of the joint property is insufficient to pay off or the property is owned by each other, the two parties shall agree to settle the payment; If the agreement is not reached, the people's court shall make a judgment.

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Summary. Relatives If the husband has debts one year after the divorce, the woman does not need to bear them, if they belong to the joint debts of the husband and wife, they need to bear them, and if they belong to the personal debts of the husband, they do not need to bear them, and the joint debts of the husband and wife should be repaid jointly at the time of divorce. If the joint property is insufficient to pay off or the property is owned by each other, the two parties shall agree to settle it, and if the agreement is not reached, the people's court shall make a judgment, and the debts borne by the husband and wife in the joint signature of both husband and wife or the subsequent recognition of one of the husband and wife, as well as the 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, and debts incurred in the name of the individual during the existence of the marital relationship that exceed the daily needs of the family are not joint debts of the husband and wife

One year after the divorce, if the man has debts, does the woman need to bear them?

Relatives If the husband has debts one year after the divorce, the woman does not need to bear them, if they belong to the joint debts of the husband and wife, they need to bear them, and if they belong to the personal debts of the husband, they do not need to bear them, and the joint debts of the husband and wife should be repaid jointly at the time of divorce. If the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall agree to pay it off, and if the agreement is not successful, the people's court shall make a judgment, and the 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 and other common expressions of intent, 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, and debts incurred in the name of the individual during the existence of the marital relationship that exceed the daily needs of the family. It is not a joint debt of the husband and wife

Hello, after a year and a half of divorce, the man has debts, is the woman responsible?

Relatives The property purchased by one of the spouses before the marriage has been converted into debts incurred for the purchase of such property, debts incurred for daily life, debts incurred for the purpose of family life or spousal sharing due to production and business activities, debts incurred by one or both spouses for the treatment of illness and treatment of persons who have a legal obligation, debts incurred for the maintenance of children, debts incurred for the maintenance of the elderly, The debts incurred by the elderly who have the obligation to support them are joint debts of the husband and wife

Dear, what is this debt used by the man for?

Some bank loans were taken before the divorce, but the woman was not aware of them.

Is this loan used for household consumption?

No. Did the man sign the bank loan himself? The woman did not sign.

The expenses for living expenses and children's education are all paid by the woman, and the man will ask the woman for money for various reasons. The bank loan was not signed by the woman.

Then you don't have to pay it back.

was also taken to the bank for a mortgage before the divorce, and at the end of last year, the woman asked the man in full to buy a car and transfer it to the woman's name, will this have an impact now.

Dear, what is being taken for mortgage?

20 years. This car was bought in full and there was no impact.

Is a 20-year loan a house or what?

At the time of the divorce, did your divorce agreement stipulate who would go to the loan?

Where debts are incurred after marriage or are jointly owed by husband and wife, they shall be repaid together in divorce, and if the joint property is insufficient to be repaid or the property is owned by each other, the two parties shall divide it by agreement, and if the agreement is not reached, the people's court shall make a judgment. If it is a personal debt of one party, it will be repaid by one party personally if it is combined.

According to Article 1089 of the Civil Code, in the event of divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint property is insufficient to be repaid or the property belongs to each of the slag sources, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.