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Debts between husband and wife need to be shared. At the time of divorce, the two parties can agree on the division and distribution of debts, and one party can be agreed to bear the debts, but this agreement is only valid for both parties and cannot oppose the legitimate rights and interests of a third party.
Judicial Interpretation II of the Marriage Law:
Article 24 Where a creditor claims rights in respect of a debt incurred by one of the husband and wife in his or her own name during the existence of the marital relationship, it shall be handled 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.
Where one of the husband and wife colludes with a third party to fabricate debts, and the third party claims rights, the people's court will not support it.
Where a third party claims rights for debts incurred by one of the husband and wife in the course of engaging in illegal or criminal activities such as gambling or drug abuse, the people's courts will not support it.
Article 25: Where the parties' divorce agreement or the people's court's judgment, ruling, or mediation document has already dealt with the issue of the division of marital property, the creditor still has the right to claim rights against both the husband and the woman in respect of the joint debts of the husband and wife.
Where, after one party bears joint and several liability for the repayment of joint debts, claims recovery from the other party on the basis of the divorce agreement or the legal documents of the people's court, the people's court shall support it.
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When one of the spouses borrows debts externally, the parties may need to provide corresponding evidence to prove whether the debts belong to the personal debts of the husband and wife or the joint debts of the husband and wife, which is related to the question of how to bear the debts in the end.
In legal practice, whether it can be recognized as a joint debt of the husband and wife has a lot to do with whether the loan is used for the joint life of the husband and wife, of course, this needs to be confirmed by the evidence of one of the husband and wife.
If you think that the 1 million has nothing to do with you, you can go to the law firm for consultation, you have no way to start with such a vague description, and there is no guiding advice, you can only tell you some general, but it is recommended that you hire a lawyer, he will fight for the best interests for you.
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According to the relevant laws, during the marriage, the debts owed by your husband for business failure are jointly compensated. Even if you divorce him, the debt is inevitable, and you need to pay back your share! Money is something outside the body, as long as the hearts are together, they can face it together.
I think what's wrong with people now, they only look at money, not love, it's society that has changed people?
Or do people change society? Or is it now ** common to all households, and the bad things are widely publicized!
Here there are people who abandon their families and children, and there are people who do not pay their debts, which has caused bad thoughts!
You're going to abandon your husband and fly away! And do you have to bear the debt?
The debts of the husband and wife together must be the joint debts of the husband and wife, and you will definitely have to pay for them.
If you want to avoid debt, you can't do it! Don't you have any feelings at all? Still want a divorce?
Let people see, husband and wife are birds of the same forest, and they fly separately when the disaster comes, and they respond to this sentence, sad and lamentable?
Back then, my husband left me alone in the hospital, and told me to call the heavens and the earth to be ineffective!
That sadness can't be said! I want to die, it's not interesting to be alive at all!
Now your husband is also in trouble! You can't bear to leave him! Does he earn money when it's time!
Didn't you spend a penny on him? When you are not in debt, do you not have a little affection?
Your husband is just like me back then, calling the heavens should not be, the earth is not spiritual, and there is no way to heaven!
You're forcing him to a dead end! Whether husband and wife share happiness or suffering, they must face disasters together!
Instead of abandoning him alone to take responsibility, he owes this to your family!
To create a good life to owe so much debt, if he earns 1 million, do you still want to divorce?
Now the dearest will abandon him, and people like you will be looked down upon there!
Do you really want to divorce him, or do you want to transfer your property and escape debts?
If it's the latter, you can divorce by agreement, agreeing that all the money and property will belong to you, the children will also belong to you, and your husband will only be responsible for the debt.
If it is the former, the husband and wife are originally birds of the same forest, and they fly separately when disaster comes. That's not easy. Wealth needs to be divided, and so does debt. It's not okay to try to evade responsibility!
I don't want you to take that approach. Husband and wife are of the same heart, and their profits are broken. Only by sharing weal and woe and sharing each other's weal and woe can we tide over difficulties together.
If you can really stay out of it and leave him, leaving a lot of debts for your husband to bear alone, how can you bear it? Can we share riches and riches, but not weal and sorrow? The world despises it!
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If you don't know what you owe, you don't need to help him pay his debts. But the debt that your husband owes is for your common living expenses, and you need to pay it together.
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After the divorce, it is no longer joint property, so there is no need to help the husband pay off the debt. Or should it be analyzed rationally.
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You don't need to pay it back, because at this time the two of you don't have any relationship, and his debt dispute doesn't need you to do it.
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If it is during your marriage, you need to help him pay these debts, because they are joint debts of your husband and wife.
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No, in fact, when the two parties get married, both parties have debts, and the wife has no obligation to help repay them, let alone divorce.
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If you owe it with your knowledge, the debt will still need to be paid after the divorce.
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Summary. Hello dear, I was deceived by more than one million, and my husband wants to divorce me, and I am alone to bear the debts of divorce. Hearing about your situation, I am very worried about you, there are two types of debts, one is joint debts and the other is personal debts.
If it is a joint debt, then the law stipulates that it should be borne jointly by the husband and wife, and if it is an individual debt, then the debtor needs to bear it himself. In your case, if the debts are yours personally, then you need to bear them yourself, and if they are joint husband and wife, then you and your husband need to share them. <>
I was deceived of more than one million, and my husband wants to divorce me, can I bear these debts alone?
Hello dear, I was deceived by more than one million, and my husband wants to divorce me, and I am alone to bear the debts of divorce. Hearing about your situation, I am very worried about you, there are two types of debts, one is joint debts and the other is personal debts. If the eldest celery is a joint debt of the husband and wife, then the law stipulates that the husband and wife should jointly bear it, and if it is a personal debt, then the debtor needs to bear it himself.
In your case, if the debts are yours personally, then you need to bear them yourself, and if they are husband and wife, then you and your husband need to share the debts. [Flowers imitate the sky].
According to the provisions of the Marriage Law of the People's Republic of China, when a husband and wife divorce, they should negotiate and deal with issues related to property and child support. If you and your husband have negotiated a joint debt, they can stipulate the relevant debt liabilities in the divorce agreement. If there is no negotiation to deal with it, then the court will make a ruling based on the actual situation, but the court will usually consider your marital situation, the original cause of the debt and other factors to make a judgment, so how the debt arises is very important, if you are to make the family life better, not for personal interests, the court will deal with the relatives at its discretion, and generally the husband and wife bear a little more.
Hello dear, the precautions for you:1When dealing with joint debts, you need to pay attention to negotiation and strive to reach a fair and reasonable distribution plan, taking into account both your own interests and the situation of the other party.
2.If your debt is caused by fraud or other illegal acts, you can report the case to the police and seek legal assistance to hold the relevant person legally responsible. 3.
In daily life, you need to pay attention to prevent various types of ** and fraud, enhance your awareness and ability to protect yourself, and avoid being used by criminals. <>
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Hello, according to the provisions of the Civil Code, only the joint debts of the husband and wife must be borne jointly. The joint debts of husband and wife mainly include:
1. Debts incurred by giving a common expression of intent, such as debts jointly signed by both parties or later recognized by one of the husband and wife. Clause.
(2) Debts incurred by the spouses for the daily needs of the family. Clause.
(3) Debts incurred by one of the spouses in excess of the daily life of the family, and it can be proved that the debts are incurred for the common life of the husband and wife, joint business or based on the joint intention of the husband and wife.
If the 1 million yuan you said was defrauded, if it has exceeded the daily needs of the family, so it is not a joint debt of the husband and wife, and your husband does not need to share the repayment obligation. It is recommended that if you are defrauded of a large amount of property, you should choose to report to the police as soon as possible, and negotiate with your husband to tide over the difficulties together, and then repair the broken relationship when the criminals are arrested, and move towards the next life together.
[Relevant Laws].Article 1064 of the Civil Code: 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 of the husband and wife, as well as debts incurred by one of the husband and wife in his or her 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, unless the creditor can prove that the debt was used for the husband and wife to live together, jointly produce and cultivate the economy, or based on the common intention of the husband and wife.
Article 1066: In any of the following circumstances, one of the spouses may apply to the people's court for the division of joint property
1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or falsifying the joint debts of the husband and wife;
2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.
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At the time of divorce, the husband's debts shall be dealt with in the following circumstances: 1. The husband's debts are personal debts, and the wife has no obligation to repay, and at the time of divorce, there is no need to make an agreement on the debts, and the husband himself shall directly repay them; 2. The husband's debts are incurred for the daily needs of the family, and shall be the joint debts of the husband and wife, and the wife shall have the obligation to repay them, and in the event of divorce, the wife and the husband shall jointly repay them.
1. Will the money that the husband owes to the bank affect the wife?
Whether the money that the husband owes to the bank will affect the wife needs to be analyzed and dealt with according to the specific situation
1. If the debt owed by the husband is a debt incurred by one party in his or her own name for the daily needs of the family during the existence of the marital relationship, it is a joint debt of the husband and wife, and the wife needs to repay it.
2. If the debt owed by the husband is a debt in his own name that exceeds the daily needs of the family, and is not a joint debt of the husband and wife, the wife does not need to pay it.
2. If the husband has not repaid the borrowed money, is the wife obliged to pay it back?
If the husband has not repaid the money borrowed, whether the wife is obliged to repay it depends on the specific situation. The key is to see whether the debt owed by the husband is a joint debt of the husband and wife, if so, the wife is obliged to repay, if not, in principle, the wife does not need to use her own property to repay, but if the wife inherits the husband's relevant estate, it needs to be repaid with the estate. However, the scope of repayment is limited to the scope of inheritance.
3. After the death of a person, does the husband have to repay the loan after the death of the wife?
The debts of the deceased husband shall be repaid if they are joint debts of the husband and wife, and the wife shall not pay the personal debts of the husband and shall be paid from the husband's estate. Debts incurred by both husband and wife in the joint signature of the husband and wife or subsequent recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in the name of Pei Cheng for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.
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800,000 is not a small amount, if it is indeed not used for the husband and wife to live together, you can find a way to prove that it is their personal debt.
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It depends on how the debt occurred, if it is used for a joint business or family life, then in the divorce, you will have to share, if it is only your husband's personal debt, such as gambling debts, etc., you do not have to pay.
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Hello: During the marital relationship, the debts are joint debts. If you want to divorce your husband and divide the joint property, you will also need to help him bear part of the debt.
Unless it can be proved that the money was not used for the couple's common life.
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Yes, but if it turns out that you really don't know, and your man is deliberately concealing it, you don't have to bear it.
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Yes, but if he is the party at fault, there can be room for manoeuvre.
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No, you can come with me.
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