The old public guarantee company divorced his wife, and his wife was still legally responsible

If it is a joint debt, they are all liable.

China's Marriage Law stipulates the relevant issues of how to divide divorce debts, and to determine the division of divorce debts, it is first necessary to determine whether the divorce debts belong to the joint debts of the husband and wife or the debts of one of the husband and wife. If the husband and wife have joint debts, the debts need to be repaid jointly by the husband and wife; In the case of debts owed by one spouse, one spouse is required to repay the debts he or she owes.

Joint debts generally refer to debts arising from the needs of the husband and wife living together, as well as the management, use, income and disposal of joint property, including debts incurred by the husband and wife living together and debts incurred by the husband and wife in joint operations.

The scope of joint debts of husband and wife includes the following:

1) Debts incurred for the purchase of property borrowed by one of the parties before the marriage has been converted into joint property of the husband and wife;

2) Debts incurred by the husband and wife for the common life of the family;

3) Debts incurred by husband and wife jointly engaged in production or business activities, or debts incurred by one party engaged in production and business activities, and the business income is used for family life or shared by spouses;

4) Debts incurred by one or both spouses for medical treatment and for the treatment of persons with legal obligations;

5) Debts incurred for raising children;

6) Debts incurred by the elderly who have an obligation to support them;

7) Debts incurred to pay for the education and training expenses of one or both spouses;

8) Debts incurred to pay for legitimate and necessary social interaction expenses;

9) Debts that are agreed upon by the husband and wife as joint debts;

10) Other debts that shall be recognized as joint debts of husband and wife.

If the relevant debts belong to the joint debts of the husband and wife during the existence of the marital relationship, then, even if the divorce, the creditor can require either the husband or the woman to repay all the debts, but whether it constitutes a joint debt of the husband and wife needs to be considered in accordance with the specific circumstances, and it is recommended to entrust a lawyer to deal with it!

There is no need to be negative, as long as the company does not have any legal person or equity in her name.

Legal analysis: Husband and wife can divorce during the guarantee period, and there is no influence on each other, even if they are divorced, the guarantee blame Li Ren also exists.

The premise that one party does not need to bear the guarantee liability after the divorce is:

1. At the time of divorce, the husband and wife clearly stipulate in the Divorce Agreement that "there is no division of joint property, no division of joint deposits, no division of common creditor's rights, and no division of joint debts";

2. The interests involved in the case were not used for the husband and wife to live together;

3. The other party of the husband and wife does not appear as a party to the guarantee agreement.

Legal basis: Article 1089 of the Civil Code of the People's Republic of China Article 1089 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 agree to settle it and bury it; If the agreement is not reached, the people's court shall make a judgment.

Post-divorce treatment of the loan secured by the husband and wife: If it is guaranteed by one party in the marriage, the loan shall be repaid by the guarantor after the divorce, because the loan is not based on the joint intention of the husband and wife, the loan shall be recognized as a personal debt of one party, and the spouse shall not be liable for repayment. If one party guarantees during the marriage and the other party recognizes it afterwards, the debt becomes a joint debt of the husband and wife, and both husband and wife shall be liable for the repayment of the secured loan after the divorce.

It depends: its.

1. If the debts of the company were originally debts incurred by the husband and wife living together, they should be paid off jointly after the divorce. That.

2. If the company's debts are not debts incurred by the husband and wife living together, they do not need to be jointly borne after divorce. Article 1089 of the Civil Code In the event of a divorce, the debts of the husband and wife shall be repaid jointly. If 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 of the People's Republic of China The debts incurred by the husband and wife in the joint signature of the husband and wife or the joint expression of intent of one of the husband and wife after the fact, as well as the 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.

The husband and wife can divorce during the period of the guarantee of the balance and have no influence on each other, and even if they are divorced, the guarantee liability also exists.

The premise that one party does not need to bear the guarantee liability after the divorce is:

1. At the time of divorce, the husband and wife clearly stipulate in the "Divorce Agreement" that "there is no division of common property, no division of common deposits, no division of common creditor's rights, and no division of joint debts";

2. The interests involved in the case were not used for the husband and wife to live together;

3. The other party of the husband and wife does not appear as a party to the guarantee agreement.

Legal Analysis: Responsibility, if one party bears debts because of guarantees, the debts incurred during the existence of the marital relationship are generally recognized as joint debts and are to be repaid jointly by the husband and wife. The husband and wife agree that the property obtained during the marriage period shall belong to each other, and if the husband or wife is aware of the debts owed to the outside world, the personal property of the husband or wife shall be paid off with the personal property of the husband or wife.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China: A man and a 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. 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.