Cohabitation and debt problems, what are debt problems during cohabitation

Based on the circumstances you have stated, your friend's cohabitation with his wife is not protected by law when he and his wife have gone through divorce procedures, and your friend's cohabitation with his ex-wife has no legal relationship with the debts previously owed by your friend.

According to the new Marriage Law and the Marriage Registration Ordinance, your friend and his ex-wife are legally unlawful, no matter how long they have been living together.

In summary, your friend's ex-wife and children do not have any obligations for your friend.

Living together and not married.

There is no legal binding.

Personal debts are not involved.

There is no such thing as a de facto marriage, where the parties live together, but the debt is still your friend's personal and will not affect the ex-wife and children.

No, the debtor is him

If they only live together and do not go through the procedures for remarriage, then his debts will not have any impact on his ex-wife and children, and there is no de facto marriage in our country now.

Article 11 of the Several Opinions of the Supreme People's Court on the Trial of Living Together in the Name of Husband and Wife without Marriage Registration clearly stipulates that "when a relationship is dissolved, the creditor's rights and debts formed during the period of cohabitation for production and life may be treated as joint creditor's rights and debts". Then, during the period of cohabitation, one party borrows money from another person in his or her own name.

Not at all, this is his personal debt, and who he lives with does not change the subject of the debt.

Yes. His child will be affected.

The creditor's rights and debts formed during the period of cohabitation for the purpose of joint production and living may be treated as joint creditor's rights and debts, and if the loss of the share can be determined, it shall be enjoyed and borne according to the share. Debts arising from the maintenance of joint children are joint debts and are jointly borne by both parties; The debts arising from the maintenance and maintenance of their respective children are the personal debts of the obligor, which shall be borne by one party itself.

Legal basis

Article 517 of the Civil Code provides that if there are two or more creditors, the subject matter can be divided, and each of them enjoys the creditor's right according to the share, it is a share of the creditor's right; If there are two or more debtors, the subject matter can be divided, and if each of them bears the debt according to their share, it is a debt according to their shares. Where it is difficult to determine the share of the creditor or the debtor by share, it shall be deemed that the share is the same.

Legal analysis: 1. The creditor's rights and debts formed for joint production and living during the period of cohabitation can be treated as joint creditor's rights and debts.

2. When the cohabitation relationship is dissolved, if one party suffers from a serious illness during the period of living together, when the property is divided, appropriate care should be given, or the other party shall give one-time financial help.

3. When dividing property, take into account the interests of women and children, consider the actual situation of the property and the degree of fault of both parties, and properly divide it.

4. The income obtained jointly and the property purchased during the period of cohabitation shall be treated as general common property.

5. If one party dies during the period of cohabitation, and the other party requests to inherit the estate of the deceased, and meets the provisions of Article 14 of the Inheritance Law, it can be handled according to the specific circumstances of the assistance.

Legal basis: "Several Opinions of the Supreme People's Court on the People's Court's Trial of Cases of Living Together in the Name of Husband and Wife without Marriage Registration" Article 8: People's courts hearing cases of illegal cohabitation should be resolved together if they involve the support of children born out of wedlock and the division of property and property. When dividing property specifically, the interests of women and children should be taken into account, and the actual circumstances of the property and the degree of fault of both parties should be taken into account, and the division should be properly divided.

Legal analysis: The Civil Code stipulates that how to bear the joint debt shall be determined by the two parties through negotiation, and if the negotiation fails, it can be resolved by filing a lawsuit with the court.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 3: The provisions of this Law apply to people's courts accepting civil litigation raised between citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Article 119:Requirements for initiating a lawsuit must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has an interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

The Civil Code stipulates that the two parties shall negotiate and determine how to bear the joint debt, and if the negotiation fails, they can file a lawsuit with the court to settle it.

1. How to deal with the joint debts of the husband and wife in divorce.

The treatment of joint debts between husband and wife in divorce is as follows:

1. If the joint property of both parties is sufficient to pay off the common debts, the joint debts shall be paid off with the common property, and the remaining property shall be equally distributed;

2. If the joint property is insufficient to pay off the common debts, the two parties shall negotiate to pay off. if the negotiation fails, the court shall make a judgment;

3. If there is no common property, the debts shall be paid off by agreement between the two parties. If the agreement is not reached, the court will still make a judgment;

4. In the event of the death of one of the husband and wife, the surviving spouse shall be liable for the repayment of the joint debts during the existence of the marital relationship.

The Civil Code of the People's Republic of China stipulates that 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.

2. How to stipulate the repayment ratio of joint debts after divorce.

The proportion of repayment of joint debts after divorce can be determined by the husband and wife through consultation, and if they cannot reach a consensus, the court may make a judgment, which is generally half of one person. However, the negotiation between the two parties and the judgment of the court are internal, and the bona fide creditor can claim the claim of the joint debt against either spouse, and one party can recover from the other party in accordance with the agreement or the court judgment after assuming all the debts.

3. How to deal with IOU fraud.

The handling of fraud with IOUs is first settled by the two parties through negotiation, and if the negotiation fails, they can file a lawsuit with the court, and the people's court will order him to repay the remaining servants. If the judgment is still not repaid according to the judgment, it can also apply to the court for compulsory enforcement. For IOUs without an indication of the date of repayment, the statute of limitations is 20 years from the time the borrower issues the IOU.

Civil Procedure Law of the People's Republic of China

Article 3: The provisions of this Law apply to people's courts accepting civil litigation raised between citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Article 119:Requirements for initiating a lawsuit must meet the following requirements:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

1. How to determine joint debts during the period of cohabitation1. The claims and debts formed by joint production and life are joint claims and debts. According to the Several Opinions of the Supreme Court on the Trial of Cases of Cohabitation by Husband and Wife without Marriage Registration, during the period of cohabitation, as long as the borrower is for the common interests of both parties to cohabitation, the purpose is to meet the needs of cohabitation and is used for cohabitation, production and operation, whether it is in the name of both parties or in the name of one of the parties, it shall be regarded as a joint debt during the period of cohabitation. 2. Debts incurred by a man and a woman before cohabitation, and debts incurred after cohabitation that are not related to living together can be recognized as personal debts.

In accordance with article 11 of the Several Opinions of the Supreme People's Court on the Trial of Cases of Cohabitation and Living in the Name of Husband and Wife without Marriage Registration, debts incurred by one party in the name of the cohabitant are presumed to be personal debts in accordance with article 11 of the Several Opinions of the Supreme People's Court on the Trial of Cases of Cohabitation and Living in the Name of Husband and Wife without Marriage Registration. It should be noted that the debts arising from the maintenance of common children are joint debts, and the debts arising from the maintenance and maintenance of their respective children are the personal debts of the obligor. 2. How to repay the cohabitation debt?

If it is determined that the debt is a joint debt formed by the two persons for the purpose of joint production and living during the period of cohabitation, both parties shall be jointly and severally liable, and even if one party dies, the other party shall be liable for the repayment of all joint debts. Where a share of a joint debt can be determined, it shall be enjoyed and borne in accordance with the share.

1. During the period of cohabitation, who will pay back the credit card consumption after the breakup.

Who bears the debts incurred during the period of cohabitation, and when determining whether the debt is a joint debt or an individual debt, it is necessary to consider the reasons for the occurrence of the creditor's rights and debts

1. Because the debts formed by joint production and life should be joint debts, the expenses borrowed and swiped by the parties during the period of cohabitation are all consumption for the purpose of life, and should be recognized as joint debts. Even if the cohabitation relationship is dissolved, the money should still be repaid jointly as a joint debt.

2. If a child is born during the period of cohabitation, the expenses incurred to raise the common child and the credit card consumption are joint debts and should be repaid jointly. However, if the debt incurred by using the card to support their respective children or to support their respective parents is a personal debt and should be repaid individually.

Article 11 of the Several Opinions of the Supreme People's Court on the Trial of Living Together in the Name of Husband and Wife without Marriage Registration Article 11 When an illegal cohabitation relationship is dissolved, the creditor's rights and debts formed during the period of cohabitation for production and life may be treated as joint creditor's rights and debts.