Premarital debts are not shared by the husband and wife

Generally, things before marriage do not belong to the joint property of the husband and wife, so you do not need to pay off the debts before the marriage, as long as there are no debts after the marriage.

Carbuncle debts are certainly not shared by husband and wife. But if you haven't been divorced. If you don't pay it back, it will be a bit hurtful and angry. If you're divorced right now. There was no need to pay him off at all. Because it belongs to pre-marriage.

Prenuptial debts are legally borne separately and are not shared by the husband and wife after marriage, unless you have signed an agreement after marriage. Only marital debts that have not been agreed to bear separately belong to the husband and wife.

Before marriage, there is no need to pay it back jointly. But during the marriage, two people have to pay it back, and even if it is divorced, one person has to pay back half of it.

First of all, there is no need to be jointly responsible for premarital debts.

Secondly, according to the law, the claimant bears the burden of proof, and you need to prove that the debts arose before the marriage.

Pro, the debts before marriage belong to the individual, and after marriage, they also belong to the debts before marriage, which depends on whether the relatives are willing to bear it.

No, it is only after marriage that they are jointly born, whether it is property or debts.

No, but since we're both married, of course it's a shared responsibility.

It depends on whether the debt is too much or too little.

Are you in a good relationship?

It's better not to give him back. A man should hold up a piece of the sky on his own, and you should not be his dependence. Let him work on his own. Go and return.

It should be, for example, if your husband owes someone else's money, and you ask him to pay it back by himself, there will be no more money to take back home, so you have to take out the money yourself to subsidize the family, and you still help him pay it back in a different direction.

This should not be, property is not shared, debt should not be.

Debts before marriage are borne by whoever bears them, and there is no need for the husband and wife to bear them together.

That's not to be ha, as long as it's your half of the debt you owe in the early stage, it should be repaid by himself, ha, it's worrying.

You don't have to bear it before marriage, and you have to share it during marriage after you get the marriage certificate.

This seems to be going to be together.

Of course not, but if it were me, I love my husband so much that I don't plan this.

Of course not, the partner is responsible for the moral situation, but from a legal point of view, it is not necessary!

Premarital debts shall be repaid by individuals.

Legal analysis: debts before marriage do not need to be borne by husband and wife after marriage. Premarital debts belong to personal debts, and the debts owed by husband and wife before marriage should still be repaid after marriage, because the debts have been formed before this, so they do not belong to the joint debts of the husband and wife after marriage, and the debts owed before marriage belong to individuals and do not belong to the joint debts of both parties.

Therefore, pre-marital debts only need to be borne by the individual, unless the other party joins in the debt.

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

Article 1064:Debts incurred by both husband and wife as a joint signature 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 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, 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 and property acquired before marriage 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.

Summary. Hello, prenuptial debts do not need to be borne jointly by the husband and wife, but unless the debt is used in the daily life of the couple after the marriage, it needs to be borne jointly by the husband and wife.

Hello, prenuptial debts do not need to be borne jointly by the husband and wife, but unless the debt is used in the daily life of the couple after the marriage, it needs to be borne jointly by the husband and wife.

Because generally if it is a debt incurred by an individual before marriage, it will generally be regarded as a personal debt judgment, and the spouse does not have to repay it; 2. If the creditor can prove that the debt is used for the family to live together after marriage, it is a joint debt of the husband and wife, and he must bear the responsibility of joint repayment.

legal basis; Article 1064 of the Civil Code: Debts borne by the joint signature of both husband and wife or by one of the husband and wife after the fact to recognize the common expression of intent, 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 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 joint life of the husband and wife, the common life history and property management, or based on the common intention of the husband and wife.

The creditor applied to the court to freeze my wife's bank card, and before the court froze it, Xiao Hanhuai also wanted to investigate whether the bank card was used by the two of us, right? And we really don't have a bank card that we use together, and we don't have a cross Qiaoyou finance, so we shouldn't freeze my wife's bank card, right? Because the debt funds are before marriage, and Lao Dan is not used for married life.

It will be investigated before applying for freezing.

Generally, the entitled person applies to the court to freeze the bank card of the creditor's spouse, which is called property preservation.

If the debt does not arise during the existence of the marital relationship, the court can only enforce the share of the person subject to enforcement in the marital property.

Premarital debts need to be shared by both husband and wife, depending on the circumstances. The details are as follows:

1. If it is a personal debt before marriage, it will generally be regarded as a personal debt, and the spouse does not have to repay it;

2. If the creditor can prove that the debt is used for the family to live together after marriage, it is a joint debt of the husband and wife and must bear the joint responsibility for repayment.

1. What are the principles for dealing with marital debts?

1. The principle of fairness and reasonableness. Fairness in the treatment of divorce debts refers to the fairness in the sharing of debts between the divorced parties, and does not allow either party to the divorce to forcibly share more property or less debts, which damages the interests of the other party; At the same time, fairness also refers to the fairness of the protection of the interests of creditors, and it is not allowed to evade debts through divorce to harm the interests of creditors;

2. The principle of protecting the interests of creditors. When dealing with marital debts, the focus of the parties' disputes and the people's court's concern when hearing the case is undoubtedly the issue of the sharing of debts between the divorced parties. Substantive adjudication is mainly based on the provisions of relevant laws on the rights and obligations of both parties to the divorce, while according to the current trial model, the creditor is generally unaware of the sharing of marital debts in the divorce, and the creditor is in a disadvantageous position;

3. Not as good as the third party principle. During the existence of the marital relationship, unless there is a special agreement between the husband and wife, the property of the husband and wife shall be subject to the statutory joint income system. Husband and wife are jointly and severally liable for the settlement of joint debts.

In such joint and several liability, the debtor may not be exempted from the liability for repayment of the debt without the consent of the creditor. The division of property and debts in the event of divorce between husband and wife is binding on both husband and wife, but cannot be used against creditors.

2. The methods for resolving debt disputes are:

1. Reconciliation. Negotiation and settlement refers to the negotiation of the creditor's rights and debtors on the basis of voluntary and mutual understanding, directly and quietly running negotiations or inviting a third party to mediate to resolve the dispute;

2. Mediation. A written application for mediation may be submitted to the local people's mediation committee;

3. Arbitration. Compared with the two-instance final adjudication system of litigation, arbitration is more conducive to the rapid resolution of disputes between the parties. When applying for arbitration, the parties shall submit the arbitration agreement, the application form and a copy thereof to the arbitration institution;

4. Litigation. Debt dispute litigation is a civil lawsuit. For some cases that are more complex, difficult for the other party to deal with, or difficult to resolve through other means, the creditor may choose litigation procedures to resolve them;

5. Apply for a payment order. If the creditor requests the debtor to pay money and valuable, and meets the corresponding conditions, it may apply to the basic people's court with jurisdiction for a payment order.

Civil Code of the People's Republic of China Article 1064 The debts borne by the husband and wife jointly signed by the husband and wife or the subsequent recognition of the common intention of one of the husband and wife, 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.

Summary. Prenuptial debts do not need to be borne jointly by the husband and wife. Premarital debts are personal debts belonging to one of the husband and wife, not joint debts of the husband and wife, so there is no need for the husband and wife to bear together, and the creditor can only find one of the husband and wife to bear alone, because it is in the marriage period, then the property also belongs to the common property, if one of the people to repay, but also to repay the joint property, but in the time of divorce, can be dealt with accordingly.

It is important to note that if the pre-marital debt is used for living together after the marriage, it is the joint property of the husband and wife and needs to be repaid jointly.

Prenuptial debts do not need to be borne jointly by the husband and wife. Premarital debts are personal debts belonging to one of the husband and wife, not joint debts of the husband and wife, so he does not need to be jointly borne by both husband and wife, and the creditor can only find one of the husband and wife to bear alone, because it is in the period of marriage, then the property also belongs to the common one, if one of them to repay, it is also stupid to take the joint property to repay, but in the divorce, it can be dealt with accordingly. It is important to note that if the premarital debt is used for living together after marriage, it is the joint property of the husband and wife and needs to be repaid jointly.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China provides that debts borne by the 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 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 premature marriage in excess of the daily needs of the family are not concomitant to the 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.

What about your pre-marital debts?