What should I do if I borrow my mother s money and transfer it in my own name, and my divorced husba

In divorce, there will be a division of property, whether it is existing property or debts, there will be a fair division, whether it is a judgment divorce or an agreed divorce, he does not admit it, and you can sue to recover it

No matter who borrows the money, no matter who borrows it, as long as it is for a common and legitimate purpose during the marriage, the debt is common, and it is useless not to admit it.

As long as you can prove that the money you borrowed from your mother's family is used for family consumption, you are not afraid that your husband will repay the debt, and the court is talking about evidence, not what you say.

Find a way to let him take it out by himself, no matter what the property is, it is half for one person, if there is really no way, you can consult a lawyer to see if there is a way for him to take it.

Can you find evidence that your mother's family lent you money?

If you can find the transfer record, it means that you borrowed the money from your mother's family, and the current transfer record is to repay the money. I can't find it, and I really can't tell. In addition, you take money from your mother's family, does your husband know?

Dear, it is recommended to consult a lawyer to see if there is a better solution, the matter has come to this point, it can be redeemed, and it may be the best choice to find the law when you are helpless, and you will grow wise in the future!

When and why you borrowed money from your mother's family, you must have discussed it with your husband. And with his consent, you borrowed it. If he didn't agree to borrow money at the time, it is understandable that he doesn't agree to divorce now.

If he agrees to let you borrow money at that time, then you can ask him for clarification, and you are not afraid that he will not admit it.

What is the purpose of borrowing money from my mother's family? You have to provide explanations and evidence. For example, borrowing money is to buy a house, buy a car, etc., and then you need to issue and provide the amount of money that was transferred from your bank card when buying a house or car.

In this way, when you go to court, you will have convincing evidence to prove that you have indeed borrowed money from your mother's family and used it to buy a house or car.

Nowadays, the flow of funds is basically well documented, and it is enough to make bank statements and prove that they can be used for family life.

1. How to deal with the divorce where the husband owes money to his mother's family.

1. The husband owes money to his mother's family and the divorce is handled as follows:

1) If the debt is used for the husband and wife to live together after marriage, it is a joint debt of the husband and wife, and both parties shall jointly bear the obligation to repay the mother's family;

2) If the debt is borne by the husband based on his personal will and is not used for the husband and wife's business and family life, then the debt is repaid by the husband himself, and the wife does not need to pay it.

2. Legal basis: Article 1064 of the Civil Code of the People's Republic of China.

Debts incurred by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the subsequent recognition of the common intention, as well as debts incurred by one of the husband and wife in the name of the husband and wife 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.

2. What is the process of divorce by litigation?

1. Prosecution stage. Submit the indictment, evidence of the breakdown of the relationship between the husband and wife;

2. Defense stage. Where the defendant submits a defense, the court shall serve a copy of the defense to the plaintiff;

3. Trial stage. ** Trial, carry out court investigation, cross-examination of both parties, find out the truth, and clarify the rights and obligations of both parties; The plexus closes slowly.

4. Effective stage. When the court serves the judgment legal documents, the parties sign to take effect.

The husband owes money to his mother's family, and it can be negotiated in the divorce. If it is determined that the husband and wife have a joint debt, it shall be repaid jointly by both parties.

First of all, it is necessary to distinguish the nature of the debt, to distinguish between the personal debt of the debt and the joint debt of the husband and wife, if it is a personal debt, it will be repaid by the husband himself after the divorce, and if it is a joint debt of the husband and wife, it needs to be repaid with joint property. Then the distinction between personal debts and joint debts is as follows, for example, if the husband repents because of personal matters and borrows money from his parents, and guarantees that it will be repaid personally, then it is a personal debt, but if the husband borrows money because of the life of the family, or when he borrowed money, he thinks that this will be repaid together, which is a joint debt.

Legal basis

Civil Code of the People's Republic of China

Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective 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.

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 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law. 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.

The solution to borrowing money from the mother's family without an IOU and not recognizing the divorce is as follows:

1. If the other party does not recognize the divorce without an IOU on the mother's money, the existence of the creditor's rights and debts relationship can be determined based on the transfer records and chat records;

2. If you borrow money without writing an IOU, you can negotiate with the other party and ask the other party to write the IOU;

3. If the loan has not been delivered to the other party, it may be required to write an IOU before delivery;

4. Secondly, even if the other party refuses to write the IOU, the lender can request the other party to repay the money by directly asserting it, filing a lawsuit with the people's court or arbitration institution, or initiating arbitration.

Legal basisArticle 667 of the Civil Code of the People's Republic of China.

A loan contract is a contract in which the borrower borrows money from the lender and returns the loan at maturity with interest.

Article 668.

The loan contract shall be in written form, unless otherwise agreed upon between natural persons.

The content of the loan contract generally includes the type of loan, currency, purpose, amount, interest rate, term and repayment method.

What are the conditions for filing for divorce.

1. Both men and women must have legal husband and wife status;

2. The parties to the divorce by mutual agreement must be persons with full capacity for civil conduct;

3. The parties to the divorce by agreement must have an agreement to divorce;

4. Appropriate and reasonable arrangements must be made for the child's upbringing and education, and a consensus must be reached;

5. In the case of divorce by agreement, the division of the joint property of the husband and wife must be properly handled.

Dear, hello, if the mother's family borrows money and does not repay the husband, he can refuse to divorce as a spouse, and if the other party sues for divorce, the court will not support the divorce. First of all, we must distinguish the nature of the debt, we must distinguish between the personal debt of the debt or the joint debt of the husband and wife, if it is a personal debt, it will be repaid by your husband after the divorce, and if it is a joint debt of the husband and wife, it needs to be repaid with your common property, and if the joint property cannot be paid off, it needs to be paid off by agreement. Then the distinction between personal debt and joint debt is as follows, for example, if your husband borrows money from your mother's family because of personal matters, and guarantees that it will be repaid personally, then it is a personal debt, but if your husband borrows money because of family life, or when you borrowed money, you thought that this would be repaid together, which is a joint debt.

Divorce can be negotiated at the time of divorce. If it is recognized as a joint debt of the husband and wife, it shall be repaid jointly by both parties. If it is a personal debt, it will be borne by the man.

In the event of divorce, the joint property of the husband and wife shall be disposed of by the two parties; If an agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the children, the woman, and the innocent party in the interests of the needy.

The husband owes money to his mother's family and the divorce is handled as follows:

1. If the debt is used for the husband and wife to live together after marriage, it is a joint debt of the husband and wife, and both parties jointly bear the obligation to repay the mother's family;

2. If the debt is borne by the husband based on his personal will, and it is not used for the husband and wife's business and family life, then the debt will be repaid by the husband himself, and the wife does not need to repay it.

What is the process of a litigated divorce.

1. Prosecution stage. Submit the indictment, evidence of the breakdown of the relationship between the husband and wife;

2. Defense stage. Where the defendant submits a defense, the court shall serve a copy of the defense to the plaintiff;

3. Trial stage. ** Trial, carry out court investigation, cross-examination of both parties, find out the truth, and clarify the rights and obligations of both parties;

4. Effective stage. When the court serves the judgment legal documents, the parties sign to take effect.

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

Debts incurred by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the subsequent recognition of the common intention, as well as debts incurred by one of the husband and wife for the daily needs of the family in the name of a troublemaker 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.