Divorce property and debt division, how to divide divorce property and debts

About Divorce Debt Division:

Joint debts refer to debts incurred for the family to live together during the marriage, including the duties incurred for the performance of the obligation of maintenance and the production and business activities of the family. Specifically, it includes: debts incurred for the daily needs of the husband and wife and the family; debts incurred to raise children; Debts incurred for one or both of the ailments; the duties of one or both spouses for the performance of their joint obligations; The husband and wife are jointly and severally liable for the joint debts incurred by the family in the production and operation of the family.

The personal debts of one of the spouses shall be repaid by the spouse himself/herself, and the following debts shall be personal debts:

1) Debts that the husband and wife agree to bear individually, except for the purpose of escaping debts.

2) One party finances the debts of relatives and friends with whom it has no obligation to support the other party without the consent of the other party.

3) One party has engaged in business activities without the consent of the other party, and its income has not been used for debts incurred by living together.

4) Other debts that should be borne by the individual.

Personal debts shall be paid off by the person with his or her personal property, and shall not be required to be paid off with joint property in the event of divorce, and the other party shall not be jointly and severally liable.

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Now I want to divorce her, do I have to bear this debt after the divorce? If so, how should the debts be divided, and the husband or wife shall agree that the property acquired during the marriage relationship shall belong to each of them, and that the husband or wife shall bear to the outside world.

This one is more complicated. The court generally does not deal with it all at once. Separate lawsuits are to be filed.

The division of property and debts cannot be based on evidence.

Divorce property can be divided in the following ways:

1. The joint property of the husband and wife shall be negotiated by both parties, and if the negotiation fails, the court shall make a judgment;

2. Personal property shall not be divided, unless otherwise agreed.

How the debt is divided:

1. The joint debts of the husband and wife shall be paid off jointly by both parties, and if the joint property is insufficient to pay off or the property belongs to each other, the two parties shall agree to pay off, and if the agreement fails, the court shall make a judgment;

2. Personal debts shall not be divided, unless otherwise agreed.

Legal basisArticle 1089 of the Civil Code of the People's Republic of China.

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 1087.

In the event of a 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.

Will property and debts, handsome guy, that is to say, divorce property can be jointly borne by two people, if it is a debt when you get married, the other party must also bear 50%, if it is a debt after the divorce, it has nothing to do with the other party.

The division of divorce property and debts is as follows: the division of divorce property is generally divided equally by both parties, but the personal property belongs to the individual, one party can request compensation because of taking care of the elderly or children, the two parties can agree, and if the agreement fails, they can go to the court to litigate; In terms of debts, debts incurred by both husband and wife living together should be repaid jointly by both spouses, and if they are personal debts, they should be repaid by themselves.

The characteristics of a divorce property division agreement are as follows:

1. The complexity of the content of the agreement;

2. The particularity of the effective conditions;

3. The precedent of the effect of the dissolution of the marriage relationship.

After the property division agreement, it shall not be used as the basis for the division of property in divorce proceedings. The property division agreement is a part of the divorce by agreement, and the divorce lawsuit is two completely independent divorce systems, and the two are not interchangeable or mixed in terms of specific procedures. The principle of voluntariness in uncontested divorce permeates every step of the process, including the division of property.

In a property division agreement, one party may give its property to the other party in the name of property division. A property division agreement that inherits the principle of voluntariness in a divorce by mutual agreement can only be used as a part of the divorce by mutual agreement and cannot be independent of the divorce by mutual agreement, and cannot be used in a litigation divorce.

Civil Code of the People's Republic of China

Article 1066:In any of the following circumstances during the existence of a marital relationship, one of the husband and wife may request the people's court to divide the joint property:

1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or falsifying the joint debts of the husband and wife;

2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses. 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.

The division of divorce property follows the following principles: (1) The parties decide through consultation. (2) Equality between men and women.

3) Take care of the rights and interests of children and women. (4) The principle of compensation. (5) The principle of taking care of the innocent party.

In addition, items that are for personal use are generally owned by individuals. Divorce debts are generally divided into the joint debts of the husband and wife, and the debts are divided less among the caregivers in accordance with the principle of division of the joint property of the husband and wife.

Legal basis

Article 1087 of the Civil Code provides that in the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the parties; 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.