What should I do if my husband asks for a divorce after mortgaging all his property and property

Counted as joint property. Ask him not to give you cash or score the mortgage property.

After divorce, the husband and wife have equal rights to dispose of the joint property.

Article 17 of the Marriage Law clearly stipulates the joint property of the husband and wife during the existence of the relationship, and points out that "the husband and wife have equal rights to dispose of the jointly owned property." Quotient ".

"Husband and wife have equal rights to dispose of jointly owned property" includes the following two aspects:

During the existence of the relationship between husband and wife, as long as it is the joint property of the husband and wife, regardless of the size of their contribution to the property income, both husband and wife have the right to occupy and use the proceeds of the law. Quotient ".

In the case of divorce, as long as it belongs to the joint property of the husband and wife, the right to divide the joint property is equal, but this does not mean that it is divided equally, so what should be the basis for the division of the joint property of the husband and wife at the time of divorce?

Law and Commerce1 According to the first paragraph of Article 39 of the Marriage Law, "in the event of divorce, the joint property of the husband and wife shall be disposed of by both parties through consultation", that is to say, the division of property between the husband and wife at the time of divorce shall be carried out by both parties under the principle of consensus, and the law cannot be decided by one party. Quotient ".

Law and Commerce 2 In accordance with the principle of "equality between men and women" stipulated in Article 2, Paragraph 1 of the Marriage Law, women cannot be discriminated against, and women should be considered to earn less and should be given less share, and women's rights should be respected and women's rights should be protected when dividing the joint property of husband and wife in divorce. Quotient ".

3. If the negotiation fails in accordance with the provisions of Article 39, Paragraph 2 of the Marriage Law, the people's court shall make a judgment on the law in accordance with the specific circumstances of the property and on the principle of taking care of the rights and interests of the children and the woman. Quotient ".

Law and Commerce 4 Principles of Compensation Law. According to Article 40 of the Marriage Law, "......If one party has paid more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall pay compensation to the law. "Business" refers to the division of marital property according to law, the party who has paid more obligations can claim compensation from the other party, and the compensation is paid from the divided property, and if the divided property is insufficient to pay, it shall be supplemented from his personal property.

Business Law Business 5 The principle of taking care of the innocent party Law. In the event of divorce due to the breakdown of the relationship between the husband and wife due to the fault of one of the parties, the innocent party has the right to file a law on compensation for marital damages. Article 46 of the Marriage Law stipulates that "if any of the following circumstances leads to divorce, the innocent party shall have the right to claim damages".

1) bigamy;

2) A person who has a spouse cohabiting with another person;

3) committing domestic violence;

4) Abuse of family members and abandonment of family members. Quotient ".

The division of the joint property of the husband and wife by law and business, the two parties should divide the creditor's rights and debts at the same time when agreeing, and the interests of others and the state and the collective shall not be harmed by the divorce, which is not only a legal provision, but also a moral requirement, and every citizen should consciously abide by the law.

Property is shared and debts are evenly divided.

The house is the husband's pre-marital property, and after the marriage, the husband mortgages the house, and the debts belong to the husband and the wife does not need to repay.

According to Article 1064 of the Civil Code of the People's Republic of China, 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, 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.

Provisions on joint property of husband and wife.

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 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.

The above content refers to the Chinese National Network - Civil Code of the People's Republic of China.

If the loan is made before the marriage and the mortgage is provided, the debt is a personal debt and is paid off by the personal property. If the borrowed money is used for family production after marriage, it is a joint debt and is jointly borne by both parties.

Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Debts between Husband and Wife

Article 1: Debts borne by both husband and wife jointly signed or later recognized by one of the husband and wife, or other common expressions of intent, shall be found to be joint debts of husband and wife.

Article 2: Where a creditor claims rights to 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, on the grounds that they are joint debts of the husband and wife, the people's courts shall support them.

Article 3: Where a creditor claims rights over 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 on the grounds that they are joint debts of the husband and wife, the people's courts will not support them, except where the creditor can prove that the debts were used for the husband and wife's common life, joint production and business, or on the basis of the joint intention of the husband and wife.

Which are personal debts

1.pre-marital debts of one of the spouses;

The debts incurred by one of the spouses before the marriage shall be personal debts before the marriage, unless they are indebted because of the marriage, such as the purchase of a house that is jointly used by the husband and wife after the marriage.

2.The unreasonable debts of one of the spouses are not as good as the debts due to gambling and drug abuse;

3.Debts incurred by one of the spouses for the purpose of giving gifts to others without the consent of the other spouse or for the purpose of supporting a person who has no obligation to support him;

4.Debts incurred by one of the spouses as a result of a crime or violation of the law;

The creditor can only claim the personal debts of one of the above-mentioned husband and wife before marriage, and cannot claim against the debtor's spouse, unless there is evidence to prove that the debt is used for the marital life of the debtor and the husband and wife.

In the event of a divorce between the spouses, the pre-marital debts of one of the spouses shall remain personal debts and shall not be treated as joint debts, and shall be considered as joint debts of the spouses if they are indeed used for the common life of the spouses, and the goods purchased by the debts shall also be considered as joint property of the spouses. However, the debtor's spouse may not incur debts greater than the value of the property he or she has accepted.

If the loan is made before the marriage and the mortgage is provided, the debt is a personal debt and is paid off by the personal property. If the borrowed money is used for family production after marriage, it is a joint debt and is jointly borne by both parties.

The mortgagor bears the debt to the extent of the mortgaged property, so if one of the husband and wife mortgages the property before marriage, the mortgage guarantee debt is not a joint debt of the husband and wife.

Civil Code of the People's Republic of China

Article 394:[Definition of Mortgage Right]Where the debtor or a third party mortgages the property to the creditor without transferring possession of the property to guarantee the performance of the debt, the debtor fails to perform the due debt or the mortgage is realized as agreed by the parties, and the creditor has the right to be repaid in priority for the property.

The debtor or third party provided for in the preceding paragraph is the mortgagor, the creditor is the mortgagee, and the property provided for by the guarantee is the mortgaged property.

Article 1064: [Joint Debts of Husband and Wife] Debts incurred by both husband and wife as joint signatures or by one of the husband and wife as a result of a joint expression of intent, 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, 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.

Types of pre-marital property

1) The property owned by the husband and wife before marriage, including the income from personal labor before marriage, such as wages, inherited or donated property such as inherited real estate, and other legal income. It also includes property acquired by each of them for the purpose of the marriage before the marriage;

2) Medical expenses and subsidies for returning to their hometowns for production brought back from the army by demobilized and demobilized servicemen, as well as demobilization expenses and transfer expenses for servicemen who have lived together for a short period of time after marriage;

3) At the time of divorce, the husband and wife shall use their own clothing, daily necessities and professional items. Of course, valuables such as diamond rings and other jewelry of ** value are excluded;

4) Property acquired after marriage that is inseparable from personal status at the time of divorce, and intellectual property rights that have not been financially benefited, such as unpublished articles;

5) The agreement between the husband and wife on property, such as a written agreement on property before marriage, is binding on both parties. It includes legal written agreements and oral agreements that are recognized by both parties as personal property.

If the loan is for the common life of your family, then it is your joint debt that the wife needs to repay. Of course, if the husband agrees, the wife can also not repay, and if the final loan cannot be repaid, the bank can sell the mortgaged house or auction it off.

If the wife wants to claim that it is the husband's personal debt, she must provide her own evidence to prove it, and if she cannot prove it, then it is presumed to be a joint debt, and the wife also needs to repay it. If both husband and wife are unable to repay the loan, the creditor has the right to demand that the mortgaged property be realized and paid first.

The rule is to borrow money to repay the debt. The husband has already taken out a loan and must pay it back. Whoever you take out the loan to as collateral, your husband is jointly and severally liable.

If the bank does not fully recover the principal and interest of the loan. You will have to repay the loan, and if you don't repay the loan, you will auction the property according to the law. You say:

Are you responsible for repayment?

Yes, of course.

Article 24 of Interpretation II of the Marriage Law stipulates that if a creditor claims rights in respect of a debt incurred by one of the spouses in his or her own name during the existence of the marital relationship, it shall be treated 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 of the People's Republic of China.

1.During the existence of a legal marriage relationship without a special agreement, the creditor's rights and debts of the husband and wife are jointly owned, except for "debts owed by one of the husband or wife, and the third party knows of the agreement, the property owned by the husband or wife shall be settled." In addition, the debts owed to the outside world should be borne jointly.

2.The collateral of a bank mortgage is a joint debt regardless of whose property the husband and wife have, as long as the loan is during the relationship and the loan (for legal purposes) is used for the construction of family income. Therefore, if the debtor is either the husband or the wife, as long as it is ascertained that the debt arose during the existence of the marital relationship or that the debt arose before the marriage but was incurred for the purpose of living after the marriage, it can be directly presumed to be a joint debt of the husband and wife and the joint property of the husband and wife can be enforced.

According to the legislative spirit of China's Marriage Law and its judicial interpretations, husband and wife should be jointly and severally liable for joint debts within the scope of joint property. In the event that the joint property is not sufficient to satisfy the joint debts, the individual considers that the personal property of one of the spouses or the wife cannot be enforced (if the mortgaged property is the wife's pre-marital property). If this liability extends to the personal property of one of the husband or wife, it will not be recoverable during the existence of the marital relationship, and the wife has repaid the joint debts of the husband and wife with her personal property, and when she recovers from the husband, she still has to use the joint property of the husband and wife to achieve it, and to repay herself with her own money, which is obviously not feasible.

3.If the principal and interest debts owed by the loan are first repaid by the wife with the joint property of the husband and wife, and if it is not enough to repay or has no financial ability, the mortgaged property can be ruled by the court and auctioned to pay off the bank debts, and if there is a balance after the principal and interest are settled, it can be returned to you for safekeeping.

Legal Analysis: In the event of divorce, the joint property of the husband and wife is 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. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

1. It is still a joint property, but if it is a mortgage, it can still be agreed on the division of the house. One party obtains the property rights and the other party compensates in cash.

2. It is the equal division of the joint property of the husband and wife.

3. Negotiate allocation.

4. The answer was slow to evaluate the score.

5. Divide the creditor's rights and debts according to law after liquidation.

6. It shall be divided according to the joint property of the husband and wife, and the mortgage right shall be retained.

Legal basis: Article 1062 of the Civil Code of the People's Republic of China The following property acquired by the husband and wife during the existence of the 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.