If the husband sponsors his wife during the marriage, is there still a relationship after the divorc

Updated on society 2024-07-16
6 answers
  1. Anonymous users2024-02-12

    I just like Yang Mi!!

    First of all, whether the husband or the wife signs in the guarantor column is the husband himself, if he signs, you are likely to bear the guarantee liability; Secondly, depending on the agreement in the contract, if the contract stipulates a general guarantee liability, the husband can ask the bank to request the wife to pay first, which is called the right of first action defense in the guarantee law; If the agreement is a joint and several guarantee liability, the bank can demand payment from the husband, and the husband has no right to defend first; If there is no agreement, the legal effect of the joint and several liability guarantee is the same as that of the joint and several guarantee; Thirdly, if the debts incurred during the marriage are joint debts of both parties, unless the contract stipulates that the debts of one party are the debts of one party, the borrower agreed in the contract is the wife, and if it is agreed that the wife shall bear it personally, it may be claimed as a personal debt, but if the debt is used for family use, it shall be a joint debt, and the husband and wife shall be jointly and severally liable; Finally, the wife shall bear the debts arising after marriage, but the husband meets the conditions for guarantee, he shall bear the corresponding guarantee liability, and after assuming the guarantee liability, he shall have the right to recover from the former wife. The above is for reference only, I hope it can be helpful to you.

  2. Anonymous users2024-02-11

    Any Chinese citizen who legally has a certain amount of property before and after marriage can act as a loan guarantor for another person, so whether divorced or not, once he becomes a guarantor, he will be tied to you for the rest of his life.

  3. Anonymous users2024-02-10

    Your ex-husband must also be held liable for guarantees. You agree that you can't go against the lender.

  4. Anonymous users2024-02-09

    During the existence of the marital relationship, if one party has the guarantee liability, the other party does not need to bear joint and several liability after the divorce. After the divorce, the marital relationship between the husband and wife is terminated, except for the debts incurred by the husband and wife during the existence of the marital relationship for the husband and wife to live and operate together, and the other party does not bear the guarantee liability during the marriage.

    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 husband and wife during the existence of the marital relationship in the name of the individual Sui Pei 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.

  5. Anonymous users2024-02-08

    Legal analysis: Although the husband and wife have a close personal relationship, they each have independent civil capacity, and the civil legal relationship established by one party does not automatically extend to the spouse. Therefore, if one party bears joint and several liability guarantee with the joint property of the husband and wife, the spouse does not need to bear joint and several liability for repayment after the divorce.

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

    Article 1070 If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

    The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus reached on matters such as child support, wealth and 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.

  6. Anonymous users2024-02-07

    During the marriage, the spouse shall not be jointly and severally liable for the guarantee made by one of the parties. PICC is a guarantee debtor to perform its debts on time, and the debts that may arise are obviously not used for the husband and wife to live together, even if the spouse is aware of the guarantee, it cannot be the reason why the debtor should bear the guarantee liability. Moreover, once the guarantor has performed the debt to the creditor on behalf of the debtor, it can still recover from the debtor based on its status as a guarantor.

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