After separation, the woman deliberately bought high end brands for all the children s things, so ho

Are you married?

If you are separated after marriage but are not divorced.

And the woman is buying things for the child.

The man is responsible for the debt.

Reference law: According to Article 41 of the Marriage Law, the joint living of husband and wife is the intrinsic essence of the joint debts of husband and wife, the fundamental difference between the joint debts of husband and wife and the personal debts of husband and wife, and the only legal standard for determining the joint debts of husband and wife. [5] Article 24 of the Interpretation (II) of the Marriage Law of the Supreme People's Court provides:

Where a creditor claims rights in respect of a debt incurred by one of the spouses in his or her own name during the existence of the marital relationship, it shall be treated as a joint debt of the husband and wife. However, one of the husband and wife can prove that the creditor and the debtor have expressly agreed that it is a personal debt, or can prove that it falls under the circumstances provided for in paragraph 3 of article 19 of the Marriage Law. "The nature of the joint debts of the husband and wife determines that the debts borrowed by one of the spouses must be necessary for the common life of the husband and wife.

Therefore, the application of Article 24 of Interpretation (II) of the Marriage Law shall be subject to the precondition of meeting the nature of the joint debts of the husband and wife. The so-called joint debts of husband and wife usually refer to the debts incurred by both husband and wife or one of them during the existence of the marital relationship for the purpose of maintaining their common life or engaging in business activities for the purpose of living together. [6] Joint debts of husband and wife are mainly debts incurred for "living together as husband and wife" or "for the performance of maintenance and maintenance obligations".

This is actually limited to the scope of debts incurred by daily family affairs**.

Who is the name of the card or fold? If it's yours, then you can only admit bad luck, you can count it all as yours, who makes you separate your property without distinguishing, if it's hers, you can rest assured, you still miss the old love and you can help her pay back a part.

The handle to cover the kite to dismantle the swelling and check the strong phantom compartment.

Annihilation bubble light shore seat on Menghui full.

A sub-bureau is one who does not live together and does not have such a basis as sex. You can ask your friend to go to the neighborhood committee to issue a certificate, of course, it is best to negotiate a settlement. You can go to the law firm to learn more about it.

Debts owed by one of the spouses during the period of separation are considered to be joint debts and need to be repaid jointly.

Theoretically, the law does not recognize this state of separation, so it is still within the continuation period of marriage, so theoretically it is to be shared together, and the loan must be signed in the name of the other party (it is impossible to get your signature), so you can ask the other party to provide specific evidence of the use of arrears, such as hospitalization cases, invoices, etc., if the purpose of the loan really occurs in common with both parties, such as children, mortgages, etc., it is indeed necessary to share together. If you divorce by agreement, you can indicate in the agreement that each of them shall bear their respective debts, and there is no joint debt sharing and other words to clarify the responsibilities.

If the debt note he wrote to others said that he was hospitalized due to the illness of the child, you can find zhi dao debt slip, see when it is written on it, and find out the detailed time and whether there was a separation agreement during your separation? or other unrelated persons who can prove the length of your separation or the specific date.

Then see if the date of the debt was made at the time of your separation.

Is the money borrowed by the wife counted as a joint debt during the separation?

As the two agreed, their debts were dealt with in accordance with the agreed approach.

If there is a separation, there is no negotiation, it is a unilateral personal debt, as long as there is evidence to prove it, it is the personal debt of the borrower.

On January 17, 2018, the Supreme People's Court issued the Interpretation on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Debts between Husband and Wife, which clearly stipulates the issue of the determination of joint debts of husband and wife, which is more controversial in current judicial practice, and reasonably allocates the burden of proof to protect the legitimate rights and interests of all parties in a balanced manner.

The judicial interpretation clearly stipulates that debts incurred by both husband and wife as jointly signed or recognized by one of the husband and wife after the fact, shall be recognized as joint debts of the husband and wife.

Where a creditor claims rights for 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, on the grounds that they are joint debts of the husband and wife, the people's court shall support them.

Where a creditor claims rights for debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship that exceed the daily needs of the family on the grounds that they are joint debts of the husband and wife, the people's court will not support them, except where the creditor can prove that the debts were used for the husband and wife's common life, joint production and business, or based on the joint intention of the husband and wife.

The Civil Code stipulates that if it is not related to how long the husband and wife have been separated from the debt, if it is a joint debt of the husband and wife, no matter how long they have been separated, it is a joint debt of the husband and wife.

Civil Code of the People's Republic of China

Article 1064: [Joint Debts of Husband and Wife] Debts incurred by both husband and wife as joint signatures or by one of the husband and wife as a result of a joint expression of intent, 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, 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.

Article 1089: [Settlement of Joint Debts of Husband and Wife at the Time of Divorce] At the time 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.

How to determine the separation of husband and wife

The court shall grant a divorce after two years of separation due to emotional discord. However, it should be noted that the separation must be due to emotional discord and 2 years have elapsed before the court will grant a divorce.

The court found that there were three conditions for the separation of husband and wife:

1) Separation of husband and wife, including not living in the same place due to emotional discord, not fulfilling the previous rights of the husband and wife, and not having sex as a husband and wife. Of course, the above facts must be confirmed by evidence, or admitted by the other party. If only one party rents a separate lease contract, or if the husband and wife live under the same roof and live in the same house, it is difficult to say whether the bed is divided in the incident, and it is difficult for the court to determine that it is separated.

2) The reason for the separation is due to emotional discord. In some cases, it can be difficult to tell if the separation is due to emotional discord. For example, one of the parties is abroad and has not returned for 4 years, and one party is in China; Or Party B is in Shanghai and the other party is in Beijing, and the party who is unwilling to divorce can be said to have separated because of work rather than emotional problems, which will bring obstacles to the court's determination.

Therefore, it is necessary to collect other relevant evidence before the court can decide if it is satisfied that there are elements of emotional discord. In practice, of course, this is difficult.

3) Have been separated for two years. It is only from the beginning of the event that it can be confirmed that the separation has been two years old at the time of filing the lawsuit to constitute a statutory decision of divorce.

The law does not clearly stipulate this, and the criteria for judging should be differentiated according to the actual circumstances of separation. If the relationship between the husband and wife is good or the relationship between the husband and wife has not completely broken down, but the separation of the husband and wife is caused by objective reasons such as work, medical care, children's schooling, training, etc., the debts formed during this period shall be recognized as joint debts.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

If you can prove alcoholism and gambling. He is responsible for his gambling debts, the custody of the children belongs to you, and the joint house and car are divided into joint property, and you will share more.

If he is an alcoholic, gambling addict and has evidence that you have been separated for two years, he must be divorced.

If you have to bear the debt, you will have to bear it together, unless there is evidence that the debt is a gambling debt, and the money has not been used for family expenses in the two years since the separation.

Your father bought the house if it was made in your name and it belonged to you. The house you share can be divided, and the car must be divided. Of course, if his drinking and gambling habits are established, you can ask him to pay you damages.

The child is likely to be awarded to you, and you can ask him to pay child support.

1. Gambling debts are not protected by law. You don't have to pay it back.

2. Your common property includes a house and a car. In principle, it is one and a half at the time of sentencing. Of course, if he is at fault, the child is raised by you, and you may give you a little more.

3. Raising children. If the child is small, you may be sentenced to raise one of you. If the child is older, the child's opinion will be sought at the time of sentencing.

Fourth, the house you live in now. If your parents paid for it in full, and the title deed is registered in your name, it is your personal property and your husband has no right to distribute it.