Whether there are legal fees for joint debts

Yes. In divorce cases, 300 yuan shall be paid for each case, and if the division of property is involved, if the total amount of property does not exceed 200,000 yuan, no additional fee shall be charged, and if it exceeds 200,000 yuan, the litigation fee shall be paid at 0 5% for the excess part.

According to the materials, it is a joint debt, and for the joint debt of the husband and wife, the spouse can be added as the person subject to enforcement in the enforcement procedure.

1. Legal basis for identifying as joint debts:

Article 24 of the Judicial Interpretation II of the Marriage Law presumes that the debts incurred by one of the spouses during the existence of the marital relationship are joint debts of the husband and wife, and the premise for the application of this provision is that neither party can prove whether the debts are used for the joint life or production of the debtor and the husband and wife. According to the materials, the company is a husband and wife company, and the husband and wife are shareholders of the company, and the debt is used for the husband and wife to live or produce together, which is a joint debt.

2. Basis for adding the spouse as the person subject to enforcement:

Article 41 of the Marriage Law of the People's Republic of China stipulates: "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.

In terms of the form of liability, the husband and wife's responsibility for "joint repayment" is joint and several liability for repayment, regardless of whether the parties have divorced or not, they can pay off the joint debts with the joint property of the husband and wife and the property owned by themselves. The creditor has the right to demand from one or both spouses for the payment of part or all of the debt, regardless of the share of the husband and wife, and in no particular order, and either spouse shall bear the debt in whole or in part according to the creditor's request, and if the property of one party is insufficient to pay off, the other party shall be liable for repayment.

The joint debts of the divorce can be sued together. Debts that can be identified as joint debts of husband and wife include: debts borne by the joint signature of both husband and wife or the subsequent recognition of the joint 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 can prove that the debt is used for the husband and wife's common life, joint production and business, or debts based on the common intention of the husband and wife.

[Legal basis].

Article 1064 of the Civil Code.

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 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, unless 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 gross and 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 on a joint basis. 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.

In the case of joint debts of husband and wife, only one party can be sued, and the spouse can be added as the person subject to enforcement in the enforcement procedure. 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 fails, the people's court shall make a judgment.

[Legal basis].

Article 1064 of the Civil Code: Debts incurred by the 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 the debts incurred by one of the husband and wife in the name of Yintan during the existence of the marital relationship for the daily needs of the family, belong to the 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.

The joint debts of the husband and wife should first be repaid with the joint property of the husband and wife, and if it is not enough to pay off, the two parties shall negotiate how to divide the debts on their own, and if the negotiation fails, the court shall make a judgment. Joint debts are debts incurred to meet the needs of the husband and wife living together. Joint debts are mainly debts arising from the needs of the husband and wife to live together as a family, as well as the management, use, income and disposal of the common property.

Civil Code of the People's Republic of China

Article 1064.

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.

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 based on the common intention of the husband and wife.

When the creditor's rights and debts are related to the husband and wife, if one party is unable to repay the debt, then the creditor will generally ask his spouse to pay off, but generally encounter various reasons to shirk. At this time, the creditor can first analyze whether the debt is a joint debt of the husband and wife, and if so, he can require both parties to bear it jointly, and if he refuses to bear it, he can sue to settle it.

If the creditor encounters the refusal of the husband and wife to repay in the process of debt collection, at this time, he should first analyze whether the debt belongs to the joint debt of the husband and wife, and if it is a joint debt of the husband and wife, then the husband and wife can be required to bear it jointly, and the following conditions should be met as a joint debt of the husband and wife:

1. The debt is due to the insufficient living expenses of the husband and wife. Regardless of who originally borrowed the debt or in whose name it was borrowed, as long as the debt was incurred as a result of the husband and wife living together.

2. The debt is due to the fulfillment of the obligation to support, such as raising one's own children or grandchildren.

3. The debts incurred are due to the fulfillment of maintenance obligations, such as supporting one's parents and grandparents.

If it is said to be a joint debt of the husband and wife, and the two parties pass the buck to each other, they can choose to sue to settle it

1. The two can be sued directly. However, the premise is that there are two people with clear identity information, and it is best to have a copy of the ID card.

2. You can bring the complaint, identity certificate, and debt proof materials to the court to file a lawsuit.

3. If the court requires proof of the relationship between the two people, a lawyer can be entrusted to go to the Civil Affairs Bureau to investigate.

1. Is the personal ID card loan a joint debt?

According to the provisions of the relevant laws of our country, whether the personal ID card loan is a joint debt should be determined according to the specific circumstances, and if it is used for family life, it is a joint debt.

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 1: Debts borne by both husband and wife that are jointly signed by both husband and wife, or by one of the husband and wife after the fact, or other common expressions of intent, shall be found to be joint debts of 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.

In the case of joint debts of husband and wife, either spouse may be required to sue for repayment, and may file a lawsuit with the people's court at the place where the husband and wife are domiciled, and submit a complaint to demand that they repay the debt.

What are the main debts of husband and wife.

To confirm whether the debts incurred during the marriage are the personal debts of the husband and wife or the joint debtor of the husband and wife, the following two criteria may be considered:

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.

2. Where a creditor claims rights for 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.

3. Where a creditor claims rights for 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 ground that they are joint debts of the husband and wife, the people's court shall 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 operation, or based on the joint intention of the husband and wife.

Referring to the above criteria, the scope of joint debts of husband and wife can be roughly divided into the following categories:

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

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 both husband and wife or the wild party. Debts incurred by husband and wife for engaging in legitimate cultural, educational, recreational activities, sports activities, etc., are joint debts of husband and wife.

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

6. Debts incurred by husband and wife jointly engaged in production and business activities. The joint production and operation here includes both the husband and wife jointly engaging in investment, production and business activities, and also the situation where the husband and wife jointly engage in investment 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 that are jointly borne by the husband and wife through negotiation shall be included in the joint debts of the spouses, even if the benefits of the debt are not shared by the marriage.

The above is the content that the lawyer has sorted out for you, for the debts arising during the existence of the husband and wife relationship, in principle, the husband and wife should bear it together, and the creditor can recover the debt from either of the husband and wife, and if the debt is not borne, the creditor can file a lawsuit with the people's court. If you have more questions, you can consult the ** lawyer of Legal.com.