The husband and wife who owe money divorce, the husband runs away, and the creditor asks who wants i

According to the Supreme People's Court's Interpretation (II) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi [2003] No. 19):

Article 24 Where a creditor claims rights in respect of a debt incurred by one of the husband and wife in his or her own name during the existence of the marital relationship, it shall be handled 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.

Article 25: Where the parties' divorce agreement or the people's court's judgment, ruling, or mediation document has already dealt with the issue of the division of marital property, the creditor still has the right to claim rights against both the husband and the woman in respect of the joint debts of the husband and wife.

Where, after one party bears joint and several liability for the repayment of joint debts, claims recovery from the other party on the basis of the divorce agreement or the legal documents of the people's court, the people's court shall support it.

According to the Marriage Law of the People's Republic of China:

Article 19: Husband and wife may agree that property acquired during the existence of the marital 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 unclear, the provisions of articles 17 and 18 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 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 third party, the debts shall be paid off with the property owned by the husband or the wife.

Therefore, unless it can be proved that the creditor and the debtor have expressly agreed that it is a personal debt, or that the husband and wife have agreed that the property acquired during the marriage relationship shall be owned by each other, and that the third party is aware of the debt owed by the husband or wife, the creditor has the right to claim rights against both the husband and the woman.

Legally speaking, the money owed must be shared between the husband and wife, of course, it also depends on who you are lending to?

It mainly depends on whether you are divorced when you owe money? If the divorced man owes money that has nothing to do with the woman, if you owe money and you do not divorce, and later divorce, then you also have to share the responsibility for the debt.

1. You can sue the court for divorce; 2. The legal condition for divorce by litigation is that the relationship between the husband and wife has indeed broken down, if the relationship has broken down, there is no possibility of reconciliation, mediation is invalid, and the divorce will be granted.3. Legal basis: Article 32 of the Marriage Law (2001 Amendment) [Divorce Procedure] If a man and a woman request a divorce, the relevant departments may mediate or directly file a divorce lawsuit with 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 should be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted: (1) bigamy or cohabitation of a spouse with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; (4) They have been separated for two years due to emotional discord; (5) Other situations where the uproar leads to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

There are two options for divorce, the first is a divorce by agreement, and the second is a divorce by litigation. In the case of divorce by agreement, as long as both parties agree, bring the marriage certificate, household registration book, ID card, divorce agreement, ** these materials, and go to the civil affairs bureau where the household registration of either party is located to register the divorce. If you just want to divorce and the other party does not agree to divorce, you can only divorce by litigation, but litigation divorce takes a long time, the procedure is complicated, and if there is no statutory situation of divorce, the possibility of the court ruling divorce is very small, and a second lawsuit is required to divorce the marriage (statutory divorce situation:

Domestic violence, abandonment, abuse, drug abuse, gambling, bigamy, imprisonment, emotional discord and separation for more than two years, physical defects or diseases that are difficult to **, etc.). In China, if the husband owes a huge debt, the relevant woman can conduct a relevant lawsuit. Protect their legitimate rights and interests through court judgments.

The court in our country will make relevant adjustments and notify both parties at the time. Such parties may provide relevant evidence in accordance with relevant legal provisions and procedures.

If no agreement is reached, the husband and wife may file a lawsuit with the court, and the court will determine their share of the debt according to the specific circumstances and the financial capacity of both parties. According to Article 1064 of the Civil Code, debts incurred by both 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, belong to the joint debts of the husband and wife. Article 1089 stipulates that in the event 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.

Article 1064 of the Civil Code stipulates that debts incurred by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the subsequent recognition of the common intention, as well as debts incurred by one of the husband and wife in the name of the husband and wife 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.

1. Where a creditor claims rights in respect of a debt incurred by one of the husband and wife in his or her own name during the existence of the marital relationship, it shall in principle be treated as a joint debt of the husband and wife.

2. If one party has evidence sufficient to prove that the husband and wife do not have the 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 the personal debts of one of the husband and wife.

If you have too much debt, your family will be ruined, and your wife will be separated.

It depends, although you don't know it, if the money is used for the husband and wife to live together and enjoy common interests, it is considered a joint debt of the husband and wife and there is a responsibility to repay it.

If the loan is made by the husband and wife through joint consultation, it can be recognized as a joint debt of the husband and wife;

If the loan was made by one of the spouses, further consideration is required. Secondly, look at the occurrence of the loan relationship, whether the husband and wife jointly enjoy the debt benefits. If the occurrence of the loan relationship has a joint debt interest for the husband and wife, it can be recognized as a joint debt of the husband and wife; If there is no joint debt interest of the husband and wife, it should not be recognized as a joint debt of the husband and wife.