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Legal Analysis: Marriage is free, divorce is possible. The law stipulates that if one party has bad habits such as gambling and drug addiction and persists in teaching, and the other party sues for divorce, the court shall make a judgment for divorce if mediation fails. Moreover, the husband's online loan is his personal debt, and the wife does not need to be responsible for repaying it.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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Hello, you can sue for divorce. If your husband owes an online loan, you can sue for divorce directly according to the normal procedure. The litigated divorce process is a three-step process:
Prosecution, trial and sentencing. You need to prepare a civil complaint, marriage certificate, ID cards of both husband and wife, household registration or birth certificate of children, and property-related evidence, such as real estate certificate, motor vehicle driving license, etc.
1.The name, gender, age, place of origin, place of work and current address of the plaintiff and defendant;
2.the claims and the facts and grounds on which they are based;
3.Evidence and evidence**, names and addresses of witnesses.
If you have any questions about suing for divorce, you are welcome to consult us, home to family lawyers specialize in marriage and family matters.
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Of course, you can, you can also sue for online loans.
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First of all, you have to see when he owes the 400,000 yuan, what he owes it, if he has something unspeakable, then you can try to forgive him, if he takes more than 400,000 to squander, then it may not be worthy of your forgiveness.
If it is said that he owed so much debt before the marriage, I think there may be concealment and deception in this marriageIt's not immoral for you to divorce him, but if he uses the money to subsidize the family, then I think you should still share the burden with him, but you must scold him with your head and face.
After something happens, you first have to look at the family's financesIf the family's financial situation is good, especially if the family's situation is so good that the 400,000 yuan can be easily repaid, then I think you have to consider why he didn't tell you, and what did he do with more than 400,000 yuan? This matter is something you have to figure out first before deciding whether to divorce him or not.
If the family's financial situation is average, they may barely be able to spend this moneyYou have to think about it, first of all, what he is going to do with this money, and secondly, whether he wants to continue to live with himAfter clarifying these two questions, decide whether you should continue the marriage or divorce.
In addition to the above situation, there is also a situation that the family itself is in debt, and he owes more than 400,000 yuanI think at this time you should first ask if he has borrowed money in your nameOr go to an online bank to borrow, because sometimes he may inadvertently use your identity to borrow some money, then it will have a great impact on your future credit life, so you must figure out these things before the divorce, and then consider whether you are willing to face it with him, because now this situation is the family's debt.
Under normal circumstances, if you owe an online loan, you should pay the due price, if you say that you can use the money of the online loan to subsidize the family, in fact, there may be hardships, but it is still very excessive, and you have not achieved mutual trust with the husband and wife, if you take the online loan to do some illegal and criminal acts, especially to betray yourself with the money of the online loan, I think in this case you can basically file for divorce, because there is nothing to continue to entangle,There are many habits that you can't escape after sticking to them once.
So I suggest that before you think about whether to divorce, you first need to find out if he actually owes money in your name, and then you need to find out what he did with the money. In addition to clarifying these two points, you should consider whether you want to continue to live with him, follow your heart and don't have too many worries, and the entangled feelings will not be happy.
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Tens of thousands of words are not too much, but they are not much less, depending on what kind of family! I earned a part of it, and my husband paid back a part. It shouldn't be a big problem.
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After the divorce of the online loan, if the loan is a joint debt of the husband and wife, and the two parties have not divided the debt, the husband has to repay the debt. The two parties may negotiate to determine their respective shares, and if the negotiation fails, they may file a lawsuit with the court. But if the loan is a personal debt of the wife, the other party is not obligated to repay it.
[Legal basis].
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 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 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.
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