How to prove that the joint debts of the husband and wife are the part of the living expenses that t

It's a very advanced question, and I want to ask a professional lawyer.

Legal analysis: As long as it can be proved that the debt incurred by one party is borne for the daily needs of the family, or the IOU of the debt is signed by both husband and wife, or one of the husband and wife later recognizes the debt, it can be proved that the debt is a joint debt of the husband and wife.

Legal basis: Article 1065 of the Civil Code of the People's Republic of China Article 1065 A man and a woman may agree that the property acquired during the marriage relationship and the property before marriage shall be owned separately and jointly owned or partly separately and partly jointly owned. 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.

Where the husband and wife agree that the property acquired during the existence of the marital relationship shall be owned by each other, and the debts owed by the husband or wife to the outside world are known to the counterpart, the debts incurred by the husband or wife shall be paid off with the personal property of the husband or wife.

To prove that the debts owed by an individual are used for family life, it is necessary to provide evidence, such as the money used for children's education expenses, for the purchase of daily necessities, for the purchase of houses, for the renovation of houses, etc.

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 2: Where a creditor claims rights over debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, on the ground that they are joint debts of the husband and wife, the people's court 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.

Assumption of marital debts in divorce proceedings.

At the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

What is the meaning of "joint debts of husband and wife", I personally believe that there are two main criteria for determining whether the debts during the existence of the marital relationship are personal debts or joint debts: whether the husband and wife have an agreement to jointly borrow debts and whether the husband and wife share the benefits brought by the debts, and the joint debts of the husband and wife must be derived from, derived from, and for the husband and wife (family) to live together.

1. Debts incurred due to daily life;

2. Debts incurred due to production and business activities;

3. Debts incurred by one or both spouses due to illness;

4. Debts incurred due to raising children;

5. Debts incurred by supporting the elderly.

In principle, debts incurred by one of the spouses in his or her own name before marriage shall be borne by one of the spouses themselves, but if the debts are used for consumption in the common life after marriage, such as the purchase of wedding supplies, etc., they shall be deemed to be converted into joint debts of the husband and wife.

The husband and wife shall be jointly and severally liable for the repayment of joint debts during the existence of the marital relationship, and such joint and several liability shall not be changed by the division of the marital property in the divorce agreement or court judgment. The husband and wife may reach an agreement on the assumption of joint debts, but such an agreement cannot be used against creditors, and the creditors may claim that the divorced husband and wife bear joint and several liability, and after one of the spouses has paid off the debts, they can recover from the other party in accordance with the principles and contents determined in the agreement or the court judgment.

1. When one of the husband and wife borrows a debt, the creditor and the debtor expressly agree that the debt is a personal debt of one party, for example, it is expressly agreed in the IOU as a personal debt. 2. 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 property owned by the husband or the wife shall be paid off with the property owned by the husband or the wife. Such cases are relatively rare, because under normal circumstances, the property and debt agreement between the husband and wife is secret and cannot be known to the third party, and in this type of dispute, the husband or wife must provide evidence that the third party knows the agreement.

3. It can be proved that the debt did not arise during the existence of the husband and wife relationship. Debts incurred before or after marriage shall generally be recognized as personal debts, unless the creditor can prove that the debts incurred were used for the common life of the family after marriage. 4. Be able to prove that the debt was not used for joint marital life.

Even if one of the spouses uses the debts for production and business activities, but never uses them for the expenses of family life, it can be proved that he or she is renting filial piety for personal debts. Because money is a kind of thing, not a specific thing, it is impossible to prove where the money is used and what the money is used for, so it is also difficult to prove it. In practice, it mainly depends on the relevance and rationality of borrowing and married life.

5. Debts incurred by a husband or wife as a result of infringing on the personal and property rights of others shall be presumed to be personal debts because of the particularity and exclusivity of their nature and legal characteristics, so they do not need to be agreed upon by the husband and wife and the tortfeasor performs them personally. 6. If the husband or wife inherits the estate and debts separately before or after marriage due to a will or a maintenance and bequest agreement, the debt shall be presumed to be a personal debt, and after timely integration, it shall become a new debt by re-agreement on the duration, method and amount of the debt during the duration of the marital relationship, and the debt shall also be presumed to be a personal debt. 7. The obligation of one of the husband and wife to pay money or resources in accordance with the law due to violation of criminal laws, administrative regulations or social morality, or the debts formed by the continuation, modification or renewal of such obligations, shall be presumed to be personal debts.

Evidence is not a joint debt of husband and wife:

1. It is proved that it is a debt incurred by one of the husband and wife before marriage;

2. It is proved that it is a debt incurred by one of the husband and wife in his or her own name during the existence of the marital relationship;

3. By proving that one party used it for personal use without the consent of the other party and that the income was not used for living together;

4. Debts arising from unreasonable personal expenses of one party;

5. The debt agreement between the two parties agreed to be repaid by the individual.

[Legal basis].Article 1064 of the Civil Code of the People's Republic of China.

Debts incurred by both husband and wife jointly signed by both husband and wife or recognized by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marriage relationship, 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.

In the case of marital debts, it is proved that they are used for the common life of the husband and wife: the debts borne by the joint signature of both husband and wife or the subsequent recognition of the common intention of one of the husband and wife; Debts incurred by one of the spouses in his or her own name for the daily needs of the family during the marriage; The creditor is able to prove that the debt was used for the debts of the husband and wife's common life.

Article 1064 of the Civil Code.

Debts incurred by the husband and wife as a result of a joint signature of the husband and wife or a joint expression of intent such as the subsequent recognition of one of the husband and wife, as well as the debts incurred by one of the husband and wife in his or her 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 existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, unless the creditor can prove that the debt was used for the husband and wife's common life, joint production and operation, or the expression of the slag based on the common intention of the husband and wife.

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 repaid or the property is owned by each other, the two parties shall agree to settle the debt; If the agreement is not reached, the people's court shall make a judgment.