Does the creditor have the right to claim the property in his or her spouse s name after the borrowe

After the death of the borrower, whether the creditor has the right to claim the real estate in the name of the borrower's spouse shall be handled according to the following circumstances:

1. If the real estate in the name of the spouse is the joint property of the husband and wife or the personal property of the spouse, but the loan debt is the joint debt of the husband and wife, the creditor has the right to request the disposal of the property in accordance with the law and use the realized value of the property to be repaid.

2. If the real estate in the name of the spouse is the joint property of the husband and wife, and the loan debt belongs to the personal debt of the borrower, the creditor also has the right to demand the disposal of the property, and to pay off half of the realized value of the property, and return the remaining half of the share to the debtor's spouse.

3. If the real estate in the name of the spouse is the personal property of the spouse, and the loan debt belongs to the personal debt of the borrower, the creditor has no right to demand the disposal of the real estate in the name of the spouse.

It depends on whether it is a joint debt.

Hello. 1. Determine whether the borrower's debt is a joint debt of the husband and wife, and if so, the spouse can be required to fulfill the obligation to repay the debt. 2. If it is not a joint debt of the husband and wife, if the borrower's spouse and children inherit the borrower's property, they shall bear the obligation to repay the borrower's debts within the scope of the inherited property.

3. It is recommended that it is best to explain the situation to the lawyer in person, so as to help the lawyer make a more accurate judgment and help you choose how to litigate.

It is possible to demand repayment of debts from the borrower's estate.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 17: Basic level people's courts have jurisdiction over first-instance civil cases, except as otherwise provided by this Law.

Article 18: Intermediate people's courts have jurisdiction over the following first-instance civil cases:

1) Cases involving foreign interests, (2) Cases that have a major impact in the jurisdiction, and (3) Cases that the Supreme People's Court determines are under the jurisdiction of the Intermediate People's Court.

Article 119:Prosecution must meet the following requirements:

1) The plaintiff is a citizen, legal person or other organization that has a direct interest in the case, (2) has a clear defendant, (3) has specific litigation claims, facts, and reasons, and (4) falls within the scope of the civil lawsuit accepted by the people's court and has jurisdiction over the lawsuit.

Analysis of the Lawyer's Bridge:

1.The loan is a joint debt of the husband and wife, and the spouse needs to bear the debt and has the obligation to pay it off.

2.If one party has sufficient evidence to prove that the husband and wife do not have an agreement to jointly borrow debts and that the debts are not used for the common life of the husband and wife, the debts can be recognized as personal debts of one of the spouses, and the other party may refuse to bear the responsibility for repayment. In this case, if there is an inheritance, the successor needs to inherit the inheritance and needs to inherit the debt.

The law is based on the model of the skin].

Article 1061 of the Civil Code of the People's Republic of China Husbands and wives have the right to inherit each other's inheritance.

Legal Analysis: After the death of the lender, if the debt is a joint debt of the husband and wife, the spouse is liable to repay the debt. In the case of personal debts, the property of the deceased is used to pay off the debt, and the spouse is not liable for repayment.

In the event of the death of one of the husband or wife, the surviving spouse shall be jointly and severally liable for the joint debts incurred during the existence of the marital relationship.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China A man and a woman may agree that property acquired during the marriage relationship and property 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 article 1062 and article 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 obtained during the existence of the marriage 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.

If the borrower borrows a joint debt in his or her own name, the non-deceased spouse is jointly and severally liable for the debt. The spouse is obligated to repay. If the deceased party borrows personal debts in his or her own name.

Then the other party, of course, is not obliged to repay. The causes of extinction of debts can be divided into the following categories:

1. Extinguishment based on the achievement of the purpose of the debt.

2. Extinguished on the basis that the purpose of the debt cannot be achieved.

3. Extinguishment based on the will of the parties.

4. Direct regulation based on law.

1. What to do with the debts of the debtor's death after the lawsuit.

If the debtor dies after filing a lawsuit, it shall be handled in the following manner:

1. If it is a joint debt of the husband and wife, the debtor's spouse shall be required to repay it.

1. Whether the debt occurred during the existence of the husband and wife relationship, if not, it generally does not belong to the joint debt of the husband and wife;

2. Whether the reason for the debts or the purpose of borrowing the debts is for the needs of the husband and wife to live together, or whether the debts are used for the family or the husband and wife to live together;

3. The purpose of the debtor's debt and the debt itself are legitimate, and if the husband and wife owe gambling debts in their common life, it is impossible to obtain legal protection.

2. If it is a personal debt, the debtor's heirs may be required to repay it.

The heirs are also obligated to pay off the debts while inheriting the estate of the deceased. Unless the heirs renounce the right of inheritance, the debts of the deceased during his lifetime shall be repaid by the other heirs. Therefore, the creditor can require the heirs and family members of the deceased to pay off the debts of the deceased within the scope of the inherited property.

3. If there is a guarantor of the debt, it may also be required to bear the guarantee liability.

In the event of the death of the debtor, the creditor sues the guarantor for repayment liability within the guarantee period, and when the guarantor assumes the guarantee liability, the guarantor may exercise the right of recovery against the debtor's heirs.

4. If there are no of the above-mentioned circumstances, the creditor's rights and debts shall be extinguished and the case shall be concluded.

2. Whether the debtor dies and the debtor sues the spouse.

The debtor has passed away and can sue the spouse.

1.If the borrower borrows a joint debt in his or her own name, the spouse who is not deceased is jointly and severally liable for the debt, i.e. the spouse is liable for the debt.

2.If the debtor's spouse is still alive, the debtor's spouse can be sued directly because the debt is a joint debt. It is sufficient to prove that it is a joint debt of the husband and wife.

3.It is also possible to sue all the heirs of the debtor, but it must be proved that the debtor has an estate.

Article 557 of the Civil Code of the People's Republic of China shall terminate the creditor's rights and debts under any of the following circumstances:

a) The debt has been fulfilled;

b) Debts are offset against each other;

3) The debtor deposits the subject matter in accordance with the law

4) Creditors forgive debts;

5) Creditor's rights and debts belong to the same person;

6) Other circumstances provided for by law or agreed upon by the parties to terminate.

If the contract is terminated, the rights and obligations of the contract shall be terminated.

The spouse is not necessarily liable for the debt after the borrower's death, but the spouse is liable for repayment if the debt is a joint debt, and if the debt is a personal debt, the heirs should be liable for repayment within the scope of the inheritance.

1. Who will pay back the debt of 200,000 yuan owed by his father when he dies.

If the father dies and owes 200,000 yuan, the repayment of the debt needs to be determined on a case-by-case basis. If it is only the father's personal debt, which is not related to the spouse and children, the father shall bear it personally, and if the father is deceased, his estate shall be used to repay it;If the deceased parents have joint debts, if one of them dies, the other parent shall be liable for repayment; If both parents have passed away, the heirs will be liable for the repayment of debts if they inherit the estate. If the heir renounces the inheritance, the decedent may not be liable for the taxes and debts that should be paid in accordance with the law.

2. To whom should the debtor be asked for the arrears of the debtor's death.

The debt owed for the death of the debtor is repaid by:

1.If the debtor dies, the heirs of the estate shall repay the debts of the deceased to the extent of the inheritance they inherited;

2.If there is no inheritance, if the debtor is a debtor, the guarantor shall bear the guarantee liability;

3.If the debt is a joint debt of the husband and wife, the debtor shall be liable to his or her spouse after his or her death.

4.If there is no such circumstance, the creditor's rights and debts will be extinguished and no further repayment will be required.

3. Does the woman have to repay the credit card debt after the divorce?

Whether the woman owes money on the credit card or not the man depends on the situation:

1. If one party borrows money for the common life and joint operation of the family, then this is a joint debt of the husband and wife, and the other party has the responsibility to repay within the scope of the joint property of the husband and wife;

2. If one party borrows money for his or her personal expenses or engages in illegal activities, such as gambling or usury, and the wife is unaware of the collapse of her husband's loan, then it is a personal debt and the other party is not responsible for repayment.

Article 1159 of the Civil Code.

The division of the estate shall pay off the taxes and debts that the decedent shall pay in accordance with the law; However, the necessary inheritance should be reserved for the heirs who lack the ability to work and do not have a livelihood.

Article 1161.

The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with the law within the actual value of the inheritance. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

If the heir renounces the inheritance, he or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.

Article 1162.

The execution of the bequest shall not prevent the payment of taxes and debts payable by the legatee in accordance with the law.