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Anonymous users2024-02-111.Article 41 of the Marriage Law stipulates that at the time of divorce, the debts originally incurred by the husband and wife in their common life shall be repaid jointly.
2.The debts incurred after the divorce are not jointly and severally related, and the divorce terminates the rights and obligations of the husband and wife, so they have nothing to do with each other. Consequences of Divorce Personal Relationship 1 Dissolution of spousal status between husband and wife.
2 The obligation of mutual support between husband and wife and the right to inherit from each other on the basis of the relationship between husband and wife are also extinguished. 3 At the same time, the right of the parties to marry freely was restored. Property Relations 1
The joint property of the husband and wife shall be disposed of by agreement between the two parties, and if the agreement is not reached, the people's court shall make a judgment on the basis of the specific circumstances of the property and the principle of taking into account the rights and interests of the woman and the children. 2.In the event of divorce, the debts incurred by the husband and wife in their common life shall be repaid with joint property; If the property is insufficient to be repaid, the two parties shall agree to settle the repayment; If the agreement is not reached, the people's court shall make a judgment.
3.Debts incurred by a man and a woman before marriage or separately shall be repaid by the person himself. In the event of divorce, if one party is living in difficulty, the other party should provide appropriate financial assistance.
The specific measures shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment.
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Anonymous users2024-02-10This divorce debt will be stipulated in the divorce agreement at the time of divorce, so some may be needed, and some may not be needed. It's all about the agreement at the time of divorce.
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Anonymous users2024-02-09Legal analysis: If it is used for family business or living together, it is generally a joint debt of the husband and wife and needs to be borne jointly.
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.
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Anonymous users2024-02-08Legal analysis: If the debts incurred by an individual after marriage are not used for family production, life, business and other matters, but are only used for personal events, the other party has no obligation to bear them, otherwise, the husband and wife need to bear them together.
Legal basis: Article 1064 of the Civil Code of the People's Republic of China Article 1064 Debts borne by the husband and wife in the joint signature of the husband and wife or by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, 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, unless the creditor can prove that the debt was used for the husband and wife to live together, to live together and to operate the property, or to express it based on the common intention of the husband and wife.
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Anonymous users2024-02-07It depends on whether the loan is for family use, or for the private use of the cigarette by the borrower with a large nucleus, if the former, it is the joint debt of the husband and wife, since it is a joint debt, then both husband and wife have the obligation to repay; If the latter is the debt of the borrower, the other party has no obligation to repay.
Legal basis
According to Article 1089 of the Civil Code, in the event of a divorce, the joint debts of the husband and wife shall be repaid jointly.
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Anonymous users2024-02-06Legal Analysis: Divorce bends that borrow money from one of the spouses can be repaid. As long as the loan borrowed by the creditor is recognized as a joint debt of the husband and wife in accordance with the law.
The law stipulates that in the event of a divorce, the joint debts of the husband and wife shall be repaid jointly. Of course, the husband and wife can also make an internal agreement that one person shall bear the full responsibility for repayment, but the internal agreement shall not be against external creditors.
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.
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Anonymous users2024-02-05Summary. Hello, I am happy to answer for you: can a husband and wife lend money to others without the other party knowing that they are divorced?
The division of property is necessary when the couple divorces, i.e. the division of the joint property into separate ownership. If the property has been divided at the time of divorce, then the money lent by the other party is not part of the joint property of the husband and wife, so you have no right to claim its return. However, if the property is not divided before the divorce, the joint property of the husband and wife includes real estate, savings, etc., as well as money lent out.
If you can prove that the loan is part of the marital property, then you have the right to claim it back.
If a husband and wife lend money to someone without the other party knowing, can they get it back when they divorce?
Hello, I am happy to answer for you: can a husband and wife lend money to others without the other party knowing that they are divorced? The division of property is necessary when the couple divorces, i.e. the division of the joint property into separate ownership.
If the property has been divided at the time of divorce, then the money lent by the other party does not belong to the joint property of the husband and wife, then you have no right to claim return. However, if the property is not divided before the divorce, the joint property of the husband and wife includes real estate, savings, **, etc., as well as the money lent out. If you can prove that the loan is part of the joint property, then you have the right to claim it back.
Extended Supplements:1If the loan has been repaid, then the other party can only be asked to compensate the corresponding amount of money when the property is divided, and the other party cannot be asked to return the money borrowed for the spring outing.
2.If the loan has changed hands, that is, the other party has lent the money to someone else, then your debt recovery generally requires the other party to recover the loan, which is more difficult. <>
In the divorce agreement, the division of property needs to be clearly stipulated, and the property before the divorce must also be divided. If the funds lent by the other party have been determined during the division process, then it should be a clear right for the other party to demand return after the divorce. However, if the matter is not clearly recorded or resolved at the time of separation, it will be more difficult to claim the return after the divorce.
In addition, after the divorce, if the other party has problems such as breach of contract or fraud, it is even more necessary to contact the lawyer in time to recover the loss through legal channels. It is worth noting that the borrowed funds should not only consider the division of divorce property, but also consider whether the loan agreement is illegal or has legal risks. If the loan contract is illegal, even if the loan money is recovered, it is illegal, which will generally bring legal risks to yourself.
Therefore, in the process of borrowing, first of all, it is necessary to read the loan agreement clearly and choose a loan channel that complies with the law. <>
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