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It will become a creditor's right and debt between natural persons, although it is essentially a salary, but if you sue for wages, you can't provide evidence, besides, the company is no longer operating, then there is money.
If you sue for arrears disputes, then your family's property will be the object of enforcement.
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More than two years? It is not the joint property of the husband and wife, and his wife has the obligation to repay the loan. It is a loan for the duration of the conjugal relationship.
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The husband owes the wages to the workers and the wife needs to pay it back! The husband's arrears of wages are on the surface his personal debts, but his income is the joint property of your husband and wife, and the debts owed are also your common debts, and as a wife, you should also fulfill the obligation to repay.
Does the husband owe wages to the workers and the wife to pay it back?
Hello! <>
Dear, glad to answer for you! <>
The husband owes the worker and the wife needs to pay it back! The husband is in arrears of wages, and on the surface, it seems that the tribute is his personal debt, but his income is the joint property of your husband and wife, and the debt owed is also your common debt, and as a wife, you should also fulfill the obligation to repay.
The joint debts of the husband and wife are debts that are secured by the joint property of the husband and wife as the general property of the husband and wife, and the debts are set on the basis of the joint property of the husband and wife. It includes the debts incurred by the husband and wife during the existence of the marital relationship to solve the needs of clothing, food, housing, transportation, medical care, performance of legal support obligations, necessary social entertainment, etc., due to joint production and business activities, as well as debts incurred by the husband and wife to support relatives and friends with the consent of the husband and wife for raising children and supporting the elderly.
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1. The plaintiff is a citizen, legal person or other organization that has a direct interest in the case; 2. There is a clear defendant in the case; 3. The case has specific claims, facts and reasons; 4. The case refers to the fact that the town case falls within the scope of civil litigation accepted by the people's court and has jurisdiction over the people's court receiving the lawsuit.
Legal basis: Article 119 of the Civil Procedure Law of the People's Republic of China A lawsuit must meet the following conditions: (1) the plaintiff is a citizen, legal person or other organization with a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.
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Good afternoon, if the husband owes the wages to the worker, the wife also needs to pay it in this case, because it is a joint debt between the husband and wife. Legal basis: Article 12 of the Civil Code of the People's Republic of China Article 12 The following property acquired by the husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property. Article 1063 The following property shall be the personal property of one of the husband and wife:
1) the pre-marital property of one of the parties; (2) Compensation or compensation received by one party for personal injury; (3) Property that is determined in a will or gift contract to belong to only one party; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.
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If the debt owed by the husband is a joint debt of the husband and wife and needs to be repaid jointly, the court will deduct the wife's salary when enforcing it in accordance with the law. However, it will keep the necessary expenses for his life. If the debt is not a joint debt, the wife is not liable.
Legal basis] branch or.
Article 1064 of the Civil Code.
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 husband and wife in his or her own name during the existence of the marital relationship in excess of the daily needs of the Kongchang 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.
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If the husband owes a joint debt and needs to be repaid jointly, the court will deduct the wife's salary. It has nothing to do with the identity of the wife. If one party does not know about it and cannot distinguish it in principle, it shall be treated as a joint debt of the husband and wife.
Whether the husband owes debts as a private loan, as a wife, bears the responsibility of repayment, the key depends on the nature of the husband's borrowing.
Article 1064 of the Civil Code of the People's Republic of China: Debts borne by the husband and wife jointly signed or recognized by one of the husband and wife after the fact, 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 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 is used for the joint life of the husband and wife, joint production and operation, or based on the common intention of the husband and wife.
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Whether the husband owes money to the wife also depends on the nature of the debt, if the debt is mainly based on the needs of the husband and wife and the family to live together, as well as on the management, use, income and disposal of the joint property. It belongs: debts incurred by husband and wife in joint production and business activities; debts arising from the fulfillment of statutory maintenance obligations, etc.; The wife is obliged to repay the debts of the husband and wife to the family life.
Article 1064 of the Civil Code of the People's Republic of China: Debts borne by the husband and wife jointly signed by the husband and wife or by one of the husband and wife after the fact, and 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 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.
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The first thing to do is to figure out what you owe money for:
1. If it is used for the common life of the husband and wife or the family, it is considered a joint debt of the husband and wife, and there is an obligation to repay;
2. If the debt can be proved but the husband is a debtor, the creditor can refuse to repay the money;
3. If money is borrowed for gambling, the national law does not protect such claims and debts.
1. Is the IOU valid only if only the husband signs it?
Depending on the situation, if the husband and wife have not agreed that the property is owned by Yuanfan alone, and only the husband signs on the IOU, and it is stated that the purpose of the loan is for family life, even if there is no signature, the wife does not agree to the loan and does not know about the loan, and must repay the debt together with the husband. If the marital property is separately owned by the husband and wife, the debts incurred by one of the spouses separately shall belong to one of the spouses and shall not be related to the other party, and shall be repaid by the borrowing party alone. However, it is necessary to prove that the person who lent the money to the husband knew or should have known that there was a separate agreement between the husband and wife, in which case the debt had to be repaid only by the husband alone.
Second, my husband died, should I pay back the credit card he owed?
My husband died and owed a credit card, do I want to distinguish the following situations:
1. If the husband borrows money for the common life and joint operation of the family, then this is a joint debt of the husband and wife, and the wife has the responsibility to repay it within the scope of the joint property of the husband and wife;
2. If the husband borrows money for his personal expenses or engages in illegal activities, such as gambling or usury, and the wife is not aware of the husband's loan, then it is a personal debt of the husband and the wife is not responsible for repayment.
Article 1064 of the Civil Code stipulates that debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as a result of a joint expression of intent, 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 is used for the husband and wife to live together, jointly produce hail and hail for business, or based on the common intention of the husband and wife.
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