How to deal with the husband s sudden large foreign debt in the name of the husband and wife before

Be strict in legal matters.

17. Debts incurred by husband and wife for the purpose of living together or for the performance of maintenance and maintenance obligations shall be recognized as joint debts of the husband and wife, and shall be paid off with the joint property of the husband and wife in the event of divorce.

The following debts cannot be recognized as joint debts of the husband and wife and shall be paid by one of the parties with personal property:

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.

18. Where the house or other property purchased by one party borrowed money before marriage has been converted into the joint property of the husband and wife, the debts incurred for the purchase of property and borrowing money shall be regarded as joint debts of the husband and wife.

How to sentence a wife for borrowing foreign debts from her husband at the time of divorce 1The method of divorce, the law stipulates that as long as the divorce certificate is not issued, these foreign debts are jointly borne by the husband and wife, and after the divorce certificate is issued

It's really hard to distinguish!

Be sure to explain what the purpose of the borrowed money is? Who uses it? This can be used as relevant evidence!

If you don't agree, how can you borrow it? Because you still have to get your wife's consent before they allocate money, and you don't have to be responsible for it without your signature.

Go to court and sue him. Pay attention to gathering evidence. You don't have to go into debt.

This man is so bad, collect evidence, accuse him...

Legal Analysis: After the divorce, the husband's personal debts and the wife do not bear them. If it is joint property and debts before marriage, 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.

Legal basis: Civil Code of the People's Republic of China

Article 1087:In the event of 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 shall make a judgment based on the condition of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the party who is not at fault. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

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 settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name 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 husband and wife 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 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 handling.

Legal Analysis: Obligation to Repay.

Legal basis: Civil Code of the People's Republic of China

Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name 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 period of discontinuation 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 1065:A man and a woman may agree that property acquired during the existence of the marital relationship, as well as premarital property, 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 provision is that debts incurred by the husband and wife during the marriage are joint debts of the husband and wife and need to be repaid by both husband and wife.

Unless the husband and wife have a special prior written agreement that has stipulated that the marital debts and the acquisition of property shall belong to the individual, and the creditor is aware of the existence of this agreement in advance, then the woman does not need to bear the debt.

Marriage Law: Article 19 Husband and wife may stipulate that the property acquired during the marriage relationship and the property before 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 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.

Judicial Interpretation II of the Marriage Law:

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.

Article 26 Where one of the husbands or the wife dies, the surviving party shall be jointly and severally liable for the joint debts incurred during the existence of the marital relationship.

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.

Legal analysis: (1) Whether the husband and wife have an agreement to jointly borrow debts. If the husband and wife agree to borrow jointly, the debt shall be considered a joint debt, regardless of whether the benefits of the debt are shared by the husband and wife.

2) Whether the husband and wife share the benefits of the bridge fluid brought by the debt. Even if the husband and wife do not agree to borrow jointly beforehand or afterwards, if the debts are incurred and the spouses share the benefits of the debts, they should also be regarded as joint debts.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Remuneration for wages, bonuses, and labor services, (2) Income from production, operation, or investment of sensitive goods, (3) Income from intellectual property rights, and (4) Inherited or donated property, except as provided for in Item 3 of Article 163 of this Law, and (5) Other property that shall be jointly owned.