What is a joint debt and what is a joint debt

Joint debts are debts incurred to meet the needs of the husband and wife living together. In terms of the way of liability, the liability of the husband and wife to "repay jointly" is joint and several liability, regardless of whether the parties are divorced or not. The creditor has the right to demand from one or both spouses the payment of part or all of the debt, regardless of the share of the spouse and in no particular order, and either spouse shall bear all or part of the debt at the request of the creditor.

Legal basis] Article 41 of the Marriage Law stipulates that 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.

Under normal circumstances, the debts incurred by one party in the marriage in his or her own name shall be jointly borne by both spouses, and the debts incurred by one of the spouses in his or her own name for the daily life of the family during the existence of the marriage relationship shall be joint debts of the husband and wife and shall be borne jointly by both parties. Third, if the creditor can prove that the debt is used for the husband and wife to live together, jointly produce and operate, or is based on the common intention of both parties, it is a joint debt of the husband and wife, and the personal debt borne by one party before the second marriage is generally a personal debt, but the creditor can prove the debt.

1. The debts incurred for the purchase of property borrowed by one party before the marriage has been converted into the joint property of the husband and wife; 2. Debts incurred by husband and wife for the common life of the family; 3. Debts incurred by husband and wife jointly engaged in production and business activities, or debts and ...... incurred by one party engaged in production and operation, and the business income is used for family life or shared by the spouse

Clause. 1. It has the common meaning of common debt. If the husband and wife jointly sign, or one party signs and the other party later recognizes it.

Clause. 2. Debts that are "routine" and "reasonable" for the daily needs of the family.

Clause. 3. Debts that exceed the daily needs of the family but are used for the husband and wife to live together and to jointly produce and operate.

Generally speaking, as a joint debt of husband and wife, two conditions should be met: (1) The debt occurred during the existence of the marital relationship. (2) The purpose of borrowing is to meet the needs of common life or production and operation.

Legal Analysis: The determination of joint debts of husband and wife shall comply with the three principles of "joint debt and joint signature", "post-facto recognition" and "use for the common life and production and business purposes of husband and wife". If the private loan occurs during the existence of the marital relationship, and it is a debt borne by a joint expression of intent of both husband and wife or a subsequent recognition by one of the husband and wife, and the debt is used for the common life of the husband and wife and for the purpose of production and business, the private loan that meets the above circumstances shall be deemed to be a joint debt 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 husband and wife in his or her own name during the existence of the marital relationship in excess of the family's daily living needs are not joint debts of the husband and wife; However, unless 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 joint intention of the husband and wife.

Article 1089:In the event of divorce, the husband and wife shall jointly repay the debts they have in common. 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.

Joint debts are debts incurred to meet the needs of the husband and wife living together. The joint debts of the husband and wife are mainly based on the needs of the husband and wife to live together, as well as the management, use, income and disposal of the joint property.

In terms of the way of assuming responsibility, the liability of the husband and wife to "repay jointly" is joint and several liability, regardless of whether the parties have divorced or not, the joint debts can be repaid with the husband and wife imitating the joint property and their own property.

The creditor has the right to demand from one or both spouses to pay off part or all of the debts, regardless of the share of the husband and wife, and in no particular order, and either spouse shall bear all or part of the debts according to the creditor's request, and if one party's property is insufficient to pay off, the other party shall be liable for repayment.

Legal basis] Article 17 of the Marriage Law of the People's Republic of China, the following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.

Legal Analysis: The scope of joint debts includes:

1. Debts signed by both husband and wife or recognized by one of the husband and wife afterwards;

2. Debts incurred by husband and wife to meet the needs of living together, such as loans for the purchase of common daily necessities;

3. Debts incurred and incurred by joint production and business activities;

4. Debts incurred to pay the education and training expenses of one or both spouses;

5. Other debts that should be recognized as joint debts of 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 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 beyond 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.

Under normal circumstances, the debts incurred by one party in the marriage in his or her own name shall be jointly borne by both spouses, and the debts incurred by one of the spouses in his or her own name for the daily life of the family during the existence of the marriage relationship shall be joint debts of the husband and wife and shall be borne jointly by both parties. Third, if the creditor can prove that the debt is used for the husband and wife to live together, jointly produce and operate, or is based on the common intention of both parties, it is a joint debt of the husband and wife, and the personal debt borne by one party before the second marriage is generally a personal debt, but the creditor can prove the debt.

Joint debts are debts incurred to meet the needs of the husband and wife living together. Joint debts are mainly debts arising from the needs of the husband and wife to live together as a family, as well as the management, use, income and disposal of joint property.

In terms of the form of liability, the husband and wife's responsibility for "joint repayment" is joint and several liability for repayment, regardless of whether the parties have divorced or not, they can pay off the joint debts with the joint property of the husband and wife and the property owned by themselves.

The creditor has the right to demand from one or both spouses to pay off part or all of the debts, regardless of the share of the husband and wife, and in no particular order, and either spouse shall bear all or part of the debts according to the creditor's request, and if one party's property is insufficient to pay off, the other party shall be liable for repayment.

Legal basis] Article 17 of the Marriage Law of the People's Republic of China, the following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;

5) Other property that shall be jointly owned.

Husbands and wives have equal rights to dispose of jointly owned property.

1. The debts incurred for the purchase of property borrowed by one party before the marriage has been converted into the joint property of the husband and wife; 2. Debts incurred by husband and wife for the common life of the family; 3. Debts incurred by husband and wife jointly engaged in production and business activities, or debts and ...... incurred by one party engaged in production and operation, and the business income is used for family life or shared by the spouse

1. The debts incurred for the purchase of property borrowed by one party before the marriage has been converted into the joint property of the husband and wife; 2. Debts incurred by husband and wife for the common life of the family; 3. Debts incurred by husband and wife jointly engaged in production and business activities, or debts and ...... incurred by one party engaged in production and operation, and the business income is used for family life or shared by the spouse