Between husband and wife, if the woman lends interest on the debt, whether the man is jointly and se

During the marriage, if one of the spouses borrows a debt from a foreign party in order to live together, the debt is a joint debt of the husband and wife, and the other party shall be jointly and severally liable for repayment. If the other party can prove that they are not living together and the creditor knows that the debt is borrowed and the other party is not aware of the situation, he is not jointly and severally liable for repayment.

if it is used for common living, it shall be jointly and severally discharged; If the husband has evidence to prove that the woman's loan was used by the woman alone and was not used for living together, the woman alone shall bear the responsibility.

Let's see if during the marriage, if the woman disposes of the debt privately and does not seem to bear the joint and several debts, if the man knows about it, or should bear it in order to live together, I guess.

If it is during the marriage, it is a joint debt, unless there is an agreement, and at the same time it is agreed that it cannot be used against a bona fide third party.

Article 19 of the Marriage Law of the People's Republic of China: [Agreement on Marital Property] Husband and wife may stipulate that property acquired during the existence of the marital relationship and 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.

During the existence of the marital relationship, the debts owed by one party due to illegal acts shall be borne by the debtor, not joint debts.

Lawyer Sun Xiaofei.

Joint and several liability is generally presumed unless the man proves that the money was not used for living together.

If the proceeds from her investment are used for the daily expenses of your husband and wife's life, then you must be jointly and severally liable. If not, you don't have to pay it back.

It depends on who is responsible for the debt, and in most cases, the husband and wife are only individually responsible for the debt.

In the case of a husband and wife relationship, although the two of you share the corresponding joint property and can also bear joint debts, if the debt you owe is a personal debt, the personal debt is not jointly borne by the husband and wife. In other words, if the man signs a debt in his own name, the owner of the debt is the man, so the woman does not need to bear any responsibility.

You need to be clear about who the debtor is.

After the man owes a debt, you need to clarify who the subject of the debt is. If you owe a personal home loan, it basically means that the two of you are jointly responsible for the personal home loan, and you also need to pay the corresponding amount on time each month. If you owe private debt, private debt will generally have a separate debtor.

Unless the borrower is written in the names of the man and the woman, the woman generally does not have to bear the corresponding debt liability. <>

It also depends on whether the debt falls under your common ownership.

If the debt you owe is part of a joint family, it means that the man and the woman are jointly responsible. At the same time, if the debt itself is a loan owed by the man in his own name, the subject of the loan does not include the woman, and the woman generally does not have to bear the corresponding liability. If two people are entitled to the corresponding loan together, the man and the woman use the loan at the same time.

Regardless of whether the main body of the loan includes the woman, the woman is obliged to repay the loan on her own initiative. <>

It is advisable to clarify the repayment of the relevant debts in advance.

Before you take out a loan, you need to properly communicate about the repayment of the relevant debt. If it is a normal bank loan, the subject of the bank loan is generally an individual. If it is a private debt, it will be more troublesome to take out a personal loan, and most couples will repay the private loan together.

The woman is responsible because the property is shared between the husband and wife, and this includes debts.

In the relationship between husband and wife, disturbing the man's debts, if the woman is completely unaware, there is no responsibility for Li Ji, on the contrary, if the woman knows, she should bear half of it.

Where a creditor claims rights over a debt incurred by one of the husband and wife in his or her own name during the duration of the marital relationship, it shall be dealt with in accordance with the joint debts of the husband and wife. However, unless one of the spouses 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 provisions of paragraph 3 of Article 1065 of the Civil Code.

Whether the husband is liable for the debt owed by the husband and the woman depends on whether the debt owed by the husband is joint or unilateral. If it is a joint debt, then the wife is responsible, and if it is a personal debt of the man, then the wife does not have to help the man repay the debt.

Joint debts are all debts incurred between husband and wife in order to meet the needs of life. What I need for this life is the management and use of all my property, as well as the proceeds of my property and the debts arising from its disposal. Marital debts should be divided into the following categories:

The first is the debt borne by daily living expenses. The second is the debts borne by production and business activities. The third is the debt incurred by the man or the woman because of the disease.

Fourth, it is because of the debts arising from raising children. Fifth, there are debts arising from the existence of maintenance and dependents. Sixth, all other marital debts as stipulated.

The above 6 types of property are all joint property under the relationship between husband and wife, and if the man incurs debts due to one of these reasons, then the woman will be liable. If the husband owes a debt unilaterally and does not belong to the joint property of the husband and wife, then he does not need to bear the debt. <>

If the debts involved are relatively large, they will think of using divorce to solve the debt problem, so as long as it is the joint property of the husband and wife at the time of divorce, then the husband and wife have the obligation to repay the debts and debts together. If the property at the time of divorce is not enough to pay the repayment of the bills, then it is necessary for the two parties to negotiate and agree, and if the two parties fail to reach an agreement, the people's court will make a judgment. <>

It is not easy for husband and wife to run a family together, it takes two people to work together, and the most quiet and good thing in the economic aspect is to let the other party know, so that both parties know their family's property, if because of the fault of one party, two people bear common debts It is a bit more than worth the loss.

If the debt is a personal debt owed by the husband, the wife should find reasonable evidence to prove that the property has nothing to do with her, but is a unilateral debt owed by the man, so that the woman does not need to share the obligation to repay the debt.

Depending on the situation, if it is a personal debt of the man, the woman does not need to be liable.

Yes, Pi Qingyin is a joint debt of the husband and his ex-wife, and the two have to repay the money together according to the law, but if it is only the man's personal consumption debt, the woman does not have to repay it.

In the conjugal relationship, the man owes a debt, and if the woman is completely unaware of the situation, he is not obliged to repay Xiangmeng, but if the two people owe it together, they have to repay it jointly.

Legal Analysis: The Woman's Debts of the Husband Do Not Have to Be Borne by the Woman. If the debt is not incurred for the purpose of living together, it shall, in principle, be repaid by the person's personal property.

On the other hand, if the debt is used for the husband and wife to live together, it is a joint debt of the husband and wife and should be repaid jointly by both husband and wife. In fact, if the scope of the debt falls within the scope of joint debts of the husband and wife, the wife and the husband have to bear it jointly; If it is a personal debt, the wife is exempt from the debt.

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

Article 1064:Debts incurred by both husband and wife in the absence of filial piety, such as the joint signature of both husband and wife or the subsequent recognition of one of the husband and wife, 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, and the creditor can prove that the debts were used for the common life of the husband and wife, joint production and business, or based on the consent of both 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 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.

Debts belong to the category of joint debts of husband and wife, and the wife and her husband have to bear them jointly. If it is a personal debt, the wife is exempt from the debt. According to the relevant laws and regulations of the People's Republic of China, the debts incurred by the husband and wife in the joint signature of the husband and wife or the subsequent recognition of the husband and wife, as well as the debts incurred by 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.

In addition, if one of the spouses incurs debts in his or her own name during the marriage in excess of the daily needs of the family, they are not joint debts; However, unless the creditor of Yuqi can prove that the debt is used for the husband and wife's common life, joint production and operation, or based on the joint intention of the husband and wife.

So, do you need to jointly bear the debts in the marriage after the divorce?

If the marital debt is recognized as a joint debt after the divorce of the parties, both parties need to bear it jointly, otherwise the debtor will bear it alone. The joint debts of the husband and wife must first be repaid with the joint property; 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 may make a judgment. To sum up, if the husband and wife owe debts, if they are joint debts, they need to be borne by the woman, are you clear?

The scope of the debt is a joint debt of the husband and wife, and the wife and her husband are jointly responsible for it. If it is a personal debt, the wife is exempt from the debt. According to the relevant laws and regulations of the People's Republic of China, the debts incurred by the husband and wife in the joint signature of the husband and wife or the subsequent recognition of the husband and wife, as well as the debts incurred by 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.

In addition, if one of the spouses incurs debts in his or her own name during the marriage in excess of the daily needs of the family, they are not joint debts; However, the creditor can prove that the debt was used for the husband and wife to live together, to quarrel with each other for production and business, or to express the common intention of the husband and wife.

Legal basis. Article 1064 of the Civil Code of the People's Republic of China [Joint debts of husband and wife] Debts borne by both husband and wife with a joint signature or a joint expression of intent such as the subsequent recognition of 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 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 operation, or based on the joint intention of the husband and wife.

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