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This is what the law calls a "joint debt", even if you are divorced, you must be liable, if the creditor cannot find your husband to pay back, then they can demand that you return all the debts, and you can recover from your ex-husband afterwards.
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Of course, because the money he borrowed is your living expenses, he wants you to pay it back together!
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Definitely, the cost of living is a common expense.
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Legally belonging to two people.
But morally, I think it should be a man's.
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In marriage, property and debts are "shared", that is, after marriage, both spouses share half of the property, and the debts also need to be borne jointly. Therefore, after you get divorced, you also need to bear half of the debt.
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Why do you want the woman to pay it back, they are all divorced, and they have to help him pay back the money, which is beautiful.
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If you want to pay it back, during the duration of the marriage contract, the money you borrowed, whether it was borrowed by him or you, is a joint debt of your husband and wife.
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Borrowing money for marital life is a joint debt of the husband and wife, which needs to be exchanged clearly at the time of divorce, and is the same as dividing the joint property.
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This must be exchanged, after all, the money that is the joint debt of the husband and wife is also used for your joint use.
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Of course, the debts and debts after marriage are joint, and in the case of divorce, both parties are responsible for enjoying and bearing them.
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Of course you don't need to, you don't have the ability to earn money to support your wife, how can you let your wife pay back the money you borrowed.
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The debts of two people together should be borne together, and half of one person must be exchanged.
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After the divorce, the woman should pay it back.
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It should be, it is a joint debt of the husband and wife.
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As long as it is married, both property and what is owed are the responsibility of both parties.
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No, since it's a husband and wife, it shouldn't be called borrowing money.
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The two of you live together, and you owe it together.
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No. I didn't borrow it in your name and ID card.
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Legal analysis: If it belongs to the joint property of the husband and wife, it can be returned, but if it belongs to the personal property of the wife, it cannot be returned, and if the two parties have negotiated at the time of divorce, it will be carried out in accordance with the agreement.
Legal basis: Civil Code of the People's Republic of China
Article 1062 The following altered property acquired by a husband and wife during the existence of a marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
Article 1063 The following property shall be the personal property of one of the husband and wife:
1. Carry the pre-marital property of one of the parties;
2) Compensation or compensation received by one party for personal injury;
3) Property that is determined in a will or gift contract to belong to only one party;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired 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 articles 1062 and 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 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.
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 on matters such as child support, property, and debt disposition.
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Legal 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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Rational. 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 on the property acquired during the marriage and the property before the marriage.
The Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi [2003] No. 19) provides:
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.
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After a divorce, personal debts are borne by the individual. Therefore, in the situation you described, you should be looking for the man. If you don't know about the law, you can also choose to go to the Legal Aid Posts and consult a certified lawyer.
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