Is it legal for a husband to borrow money from someone else to execute his wife s real estate?

Updated on society 2024-06-05
21 answers
  1. Anonymous users2024-02-11

    If the property is in the wife's name, it is legal for the husband to borrow money from someone else for the family's property.

  2. Anonymous users2024-02-10

    The husband borrows money from others to execute his wife's real estate, which depends on whose name the wife's real estate is, if the household registration is the wife's, then of course she has no rights and is not legal.

  3. Anonymous users2024-02-09

    If his wife is agreeing to the case, then such words are legal.

  4. Anonymous users2024-02-08

    Is it legal for a husband to borrow money from someone else to execute his wife's real estate? Of course it's not legal, because the property belongs to the wife, so it's not legal.

  5. Anonymous users2024-02-07

    The husband borrows money from others, as long as it is in accordance with the law, the wife's real estate is normal, because you are husband and wife.

  6. Anonymous users2024-02-06

    It is also reasonable to borrow money from someone else to execute the wife's real estate, because as long as it is the husband and wife's existence, it is joint property.

  7. Anonymous users2024-02-05

    From borrowing money from others to enforce the legitimacy of the wife's real estate, it depends on whether the wife's real estate is shared with her husband? It is legal to have a property in common, and it is not illegal to have a property in common.

  8. Anonymous users2024-02-04

    If it is the wife's private property, it is not legal if it is not marital property, but if it is marital property, it is legal.

  9. Anonymous users2024-02-03

    If the wife's property is the joint property of the husband and wife, it can be enforced, but if it is the wife's personal property, it cannot be enforced.

  10. Anonymous users2024-02-02

    If the money borrowed by the husband is used for the joint production, life and operation of the husband and wife, then the wife's real estate can be executed, and the wife is also the person subject to execution.

  11. Anonymous users2024-02-01

    If the wife's property is in the name of the husband and wife, then it is legal to enforce the wife's property.

  12. Anonymous users2024-01-31

    Is it legal for a husband to borrow money from someone else to execute his wife's real estate? I think it's probably not legal. You can sue him, you can complain about him.

  13. Anonymous users2024-01-30

    It is not legal for a husband to borrow money from someone else and execute his wife's real estate.

    Unless it is the joint property of two people.

  14. Anonymous users2024-01-29

    Hello, if the property is the joint property of the husband and wife after marriage, it needs to be signed by both parties, and if it is the property before the marriage, it is not legal.

  15. Anonymous users2024-01-28

    Judging from this situation, it should be illegal for him to execute his wife's property, after all, the property between them is independent and should be.

  16. Anonymous users2024-01-27

    The IOU needs to be signed by both husband and wife before it is valid.

    Unilateral signature, unilateral return.

  17. Anonymous users2024-01-26

    You can still talk about this kind of thing, ask the lawyer, they understand the truth here.

  18. Anonymous users2024-01-25

    The husband is borrowing money and the wife does not know whether to bear the debt, it depends on the situation:

    1. Debts borne by both husband and wife jointly signed or recognized by one of the husband and wife after the fact, shall be deemed to be joint debts of the husband and wife. Therefore, in principle, the husband borrows money without the wife's knowledge, and the wife does not need to repay;

    2. However, if one of the spouses incurs a debt in his or her own name for the daily needs of the family during the existence of the marital relationship, and the creditor claims the right on the ground that it is a joint debt of the husband and wife, the court shall uphold it. At this point, the wife has to pay it back.

    Which debts are joint debts.

    1. Debts incurred by husband and wife for the common life of the family. such as debts incurred for the purchase of common household goods; Debts incurred for the purchase and renovation of the house in which they live together; debts incurred to pay for the medical expenses of a party;

    2. Debts incurred by one or both spouses for the performance of statutory maintenance obligations;

    3. Debts incurred in the performance of statutory maintenance obligations;

    4. Debts incurred to pay for the education and training expenses of one or both spouses. Debts incurred by the husband and wife for engaging in legitimate cultural, educational, recreational activities, sports activities, etc.;

    5. Debts incurred to pay legitimate and necessary social interaction expenses;

    6. Debts incurred by husband and wife engaged in joint production and business activities. The joint production and business operation here includes both husband and wife engaging in investment, production and business activities together, and also includes the situation where one of the husband and wife engages in production and business activities but the benefits are shared by the family;

    7. Debts that are agreed upon by the husband and wife as joint debts. Debts to be borne jointly by agreement between the spouses should be included in the joint debts of the spouses, even if the benefits of the debt are not shared by the marriage.

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

    Debts incurred by the husband and wife as a joint signature or a subsequent recognition by 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.

    The debts and filial piety 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 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.

  19. Anonymous users2024-01-24

    Summary. 1.The relativity of the contract is the relativity of the debt, and its relativity can be broken under special circumstances2

    In specific circumstances, such as the creditor's right of subrogation and revocation, breaking through the relativity of the contract, the contract creditor may claim rights against the unexpected third party of the contract relationship when the statutory conditions are fulfilled3In practice, the relativity of the contract is not absolute, and it can be broken under certain circumstances.

    If the wife lends money to someone else, can the husband sue the borrower.

    Hello, consult a lawyer at your service.

    No, the contract is relative.

    1.The relativity of the contract is the relativity of the debt, and its relativity can be broken under special circumstances2In specific circumstances, such as the creditor's right of subrogation and revocation, breaking through the relativity of the contract, the contract creditor may claim rights against the unexpected third party of the contract relationship when the statutory conditions are fulfilled3

    In practice, the relativity of the contract is not absolute, and it can be broken under certain circumstances.

    means that only one of the parties to the contract can make a claim or bring an action against the other party to the contract based on the contract; Only the parties to the contract can enjoy the rights and assume the obligations under the contract; Liability for breach of contract can only arise between the parties to a specific contractual relationship.

  20. Anonymous users2024-01-23

    Is the husband's personal debt related to the wife The husband's personal debt, legally known as the personal debt of the husband and wife, refers to the debts that the husband and wife agree to bear for themselves or the debts incurred when one party engages in living together unrelated to the family. During the existence of the marital relationship, if Suipei can have evidence of laughter to prove that the personal debts belong to the husband and have nothing to do with the wife, then the wife has no obligation to repay the debt. The wife is not legally responsible for her husband's personal debts The wife is not legally responsible for her husband's personal debts before marriage.

    Article 23 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that if a creditor claims rights against the debtor's spouse in respect of the personal debts incurred by one party before marriage, the people's court shall not support it. However, the creditor can prove that the debt was incurred for the common life of the family after the marriage. Article 24 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China 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. Article 1065 of the Civil Code of the People's Republic of China provides that a man and a woman may stipulate that the property acquired during the marriage relationship and the 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 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.

    The above is the relevant legal knowledge brought to you, I hope you can have a certain understanding of this problem, and can give you a preliminary answer to your doubts. If you have encountered similar problems in real life, you must learn to defend your rights with the law**, if you need professional legal advice to answer your questions, please enter, we will have a professional lawyer here to provide you with professional services.

    Paragraph 2 of Article 1064 of the Civil Code: 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 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.

  21. Anonymous users2024-01-22

    Summary. Hello dear, my wife borrows money from others, and others sue her husband for joint debts, including debts incurred to meet the needs of the husband and wife living together. The money borrowed by the wife on behalf of another person is not a joint debt of the husband and wife, and the husband is not liable.

    What should I do if my wife borrows money from someone else and someone sues her husband.

    Hello dear, my wife borrows money from others, and others sue her husband for joint debts, including debts incurred to meet the needs of the husband and wife living together. The money borrowed by the wife on behalf of another person is not a joint debt of the husband and wife, and the husband is not liable.

    According to the Civil Code of the People's Republic of China, joint debts of husband and wife include debts incurred to meet the needs of husband and wife living together. The money borrowed by the wife on behalf of another person is not a joint debt of the husband and wife, and the husband is not liable. If the husband is obliged, he should do his best to pay it off.

    If it is not possible to pay it off, a lawsuit can be filed in court to demand the division of the joint debts of the husband and wife.

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