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Anonymous users2024-02-10There is no agreement on how to bear the debt, and everything else is valid.
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Anonymous users2024-02-091. If you have confirmed this agreement through the civil affairs or the court, and you have divorced, the agreement is legally binding on both men and women. Because the agreement omits the assumption of debts, the people's court shall accept the request to modify or revoke the property division agreement if "the man and woman repent on the issue of property division within one year after the divorce by mutual agreement." ”
2. If you have only signed the agreement and have not yet gone through the divorce procedures, then you can modify or supplement the content of the agreement and include the content of the debt when you go through the divorce procedures through the civil affairs or the court.
Attachment: Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II).
Article 8: The clauses on the division of property in the divorce agreement or the agreement reached by the parties on the division of property as a result of the divorce are legally binding on both men and women.
Where a dispute arises between the parties arising from the performance of the above-mentioned property division agreement, the people's court shall accept it.
Article 9: Where both men and women reverse their feelings on the issue of property division within one year of divorce by mutual agreement, and request that the property division agreement be modified or revoked, the people's court shall accept it.
Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law.
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Anonymous users2024-02-08It is said that the divorce agreement must specify who will collect the debts and who will pay the debts, but you did not write it.
There are some troubles, and the key is to cause trouble for the party borrowing the money.
If the money was borrowed by the man, and now that the divorce is made, the woman will definitely not admit it, then the man will have to pay back the money.
But you can discuss it again, and if you can't negotiate, you have to pay it back alone.
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Anonymous users2024-02-07You can sue, but if the other party does not recognize the debt, the court will not order the other party to bear it.
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Anonymous users2024-02-06The agreement does not divide the joint property of the husband and wife and divide the joint debts of the husband and wife. If there is no special agreement between the husband and wife after marriage, the joint debts of the husband and wife shall be repaid jointly by the husband and wife.
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Anonymous users2024-02-05See what the loan is used for, and if it is used for joint property, you can sue for it.
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Anonymous users2024-02-04The divorce agreement indicates that each party shall bear the debts separately, and one party can also go to the court to appeal, the divorce agreement is only valid internally, and the loans during the existence of the husband and wife generally need to be borne jointly by the husband and wife. The debts owed by one of the spouses occur during the marriage, and are generally recognized as joint debts of the husband and wife; If the husband and wife divorce later, the parties can divide the joint debt, but the division is only valid internally; Banks can still sue both husband and wife. Article 1065 of the Civil Code stipulates that the man and the woman may agree that the property acquired during the marriage and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly owned by the person who has been closed.
The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply. The agreement between the husband and wife on the Shitong property obtained during the existence of the marital relationship and the pre-marital property is legally binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital 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.
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Anonymous users2024-02-03Legal analysis: one party can also go to the court to appeal, the divorce agreement is only valid internally, and the loan during the existence of the husband and wife generally needs to be jointly borne by the husband and wife.
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 reached on matters such as the maintenance of children, property, and debts.
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 the People's Court has ruled that divorce is not allowed, and 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 support expenses. 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.
If one party can prove that the other party used fraud, coercion or other improper means against the other party during the divorce to divide the property, he or she can apply to the court to modify or revoke the property division agreement within one year after the divorce by mutual agreement. >>>More
There are quite a few problems:
1. The ownership of the house is based on registration, that is to say, the owner registered on the house ownership certificate is the legally recognized owner. Therefore, if such an agreement is required, the document number of the certificate of ownership of the house, the original owner and other information should be listed, and a copy of the certificate should be attached to it. >>>More
The divorce agreement is a written material that must be submitted when both parties agree to divorce, which generally needs to be drafted after consultation between the two parties, and signed and confirmed by the Civil Affairs Bureau in front of the staff. The agreement needs to consist of three parts, the first part is the voluntary divorce of both parties; The second part is who owns the custody of the child, the amount, scope, payment method, method of exercising the right of visitation, time, special agreements for winter and summer vacations, etc.; The third part is the division of property, which is determined according to the type of property, for example, the first item is real estate, followed by the types of property such as cars, deposits, insurance, bonds, creditor's rights and debts, etc. The divorce agreement needs to focus on the parts that are particularly prone to disputes according to the focus of the dispute between the parties, and make an agreement according to the specific circumstances of both parties to avoid future legal risks. >>>More
The procedures and documents required for an uncontested divorce are: >>>More
In the marriage relationship, when the relationship between the husband and wife breaks down and the husband and wife decide to divorce, many people take the form of divorce by agreement by both parties to go to the Civil Affairs Bureau to register the divorce, which is relatively fast as long as the two parties can reach an agreement. But in many cases, both parties have to change the divorce agreement after the divorce, so change the divorce agreement to **? A divorce agreement is an agreement reached by the husband and wife on child support and property division, and the agreement is valid as long as it is the true expression of the intention of the husband and wife and does not violate the mandatory provisions of the law. >>>More