Is it reasonable for my husband to ask for a divorce because he owes a lot of money outside for fear

Nowadays, before many people get married, they will secretly check the credit information of the marriage partner to see if he has foreign debts, whether he has overdue credit cards, etc. In fact, it's a very clever thing to do. After all, if you marry someone who has foreign debts, you may be able to pay off the debts after marriage.

And with such a person, life is not guaranteed. Some netizens asked: Is it reasonable for my husband to ask for a divorce because he owes a lot of money outside for fear of affecting me?

This matter needs to be analyzed comprehensively, so let's analyze this topic in detail.

1. If your husband does owe a lot of money and it is reasonable to ask for a divorceIf your husband does owe a lot of money and does not want to affect you, then it is very reasonable for him to ask for a divorce. In this way, it seems that your husband is still very responsible and very good to you. But if he doesn't owe a lot of money, but instead makes a lot of money, or he just finds a reason to divorce you, then it's a different story, and your husband is treacherous.

2. If your husband insists on divorce, don't go directly to the Civil Affairs Bureau for divorce If your husband insists on divorce, no matter how touching it is, you can promise him a divorce, but you don't go directly to the Civil Affairs Bureau for divorce. In other words, don't divorce him directly in private. You tell him that you agree to the divorce, but you have to ask the court to grant the divorce.

3. Be sure to hire a lawyer to sue for divorce, which is fairer and more secure for you. If he really owes debts, then let the court decide that these debts have nothing to do with you; If he has no debts, the lawyer will investigate his property status, and half of the marital property will be shared with you. In short, marriage cannot be divorced casually.

If you have more opinions on the topic of "Is it reasonable for my husband to ask for a divorce because he owes a lot of money outside for fear of affecting me", you are welcome to actively comment and participate in the discussion of this topic.

Hello, whether the husband's external debts have an impact on the wife needs to be seen on a case-by-case basis, and the wife only needs to bear the joint debt if the husband and wife have joint debts.

The joint debts of the 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.

In other words, if the wife is to be liable for the repayment of the husband's debts, it is generally necessary to meet the following requirements: the wife signs or later indicates that the debts are repaid together, and the money borrowed by the husband is used for the daily living expenses of the husband and wife, and in the above cases, the wife needs to repay it jointly. If the money borrowed by the husband is not used for the daily expenses of the husband and wife, but in the name of the individual, debts that exceed the daily needs of the family, such as gambling and drug abuse, which have exceeded the daily necessities, the woman does not need to bear the obligation to repay.

In addition, the woman is not liable for debts incurred by the husband before the marriage.

[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 intent, 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 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 34 of the Interpretation of the Marriage and Family Section of the Civil Code (1) Where one of the husband and wife colludes with a third party to fabricate a debt, and the third party claims that the debt is a joint debt of the husband and wife, the people's court will not support it.

Where a third party claims that the debts incurred by one of the husband and wife in the course of gambling, drug abuse, or other illegal or criminal activities are joint debts of the husband and wife, the people's courts are not to support them.

It is very reasonable, if you promise the other party, then the two people can go and sign the corresponding divorce agreement, because the other party is also doing it for their own good.

It is especially reasonable, because his behavior is very disrespectful to you, and it also leads to a very poor quality of life for the two of you, and then it also destroys family harmony.

This requirement is certainly unreasonable, and as long as you know the arrears, even if you are divorced, you should repay part of it, so it is the same whether you are divorced or not.

It is reasonable, because there is a certain problem with what the husband has done, so it is also correct to choose divorce at this time.

The husband owes a lot of money, so the wife divorces the husband, so whether the money owed is a joint debt depends on whether the woman is aware of the debt.

If it is known, then it is a joint debt, and in the event of divorce, according to the law, it needs to be divided equally as if it were joint property. Of course, this is only to say that the two are divorced. With such entanglements, that's why it has to be divided equally.

If the man knows that the money he owes has nothing to do with his wife, so his conscience finds that he can take all the debts, the woman is not liable for the debt. However, if the woman does know about it and the debts are used for a common life, the woman is liable.

From this point of view, in married life, you still have to have a certain understanding of the other half's work and other aspects, otherwise he owes too much money outside, and it will eventually be passed on to himself, which is also a very dangerous signal. Especially when he really used the money in the common life of the two, even if the other party was unaware, he still had to be jointly and severally liable. We have to bear the problem of debt repayment, so when we choose the other half, we must have enough understanding of him, especially his character and behavior.

If he is a person who likes to talk big and borrow money, he must stay away, otherwise he will push himself into the fire pit.

If you really don't know, you must keep evidence to prove that you really don't know about the other party's borrowing behavior, so that you can protect your legitimate rights and interests in a fair and just way in the law, otherwise you will have to bear the obligation to share the debt. We also have a certain understanding of these legal provisions in our daily life, so that we can only pick up the law to protect our legitimate rights and interests at a critical time, so that you will not be able to say that you can only cry when you encounter problems. Finally, I hope you keep your eyes open and choose your other half carefully.

It doesn't matter, it's because the two of you are divorced and don't legally belong to the couple at all, so the money the other party owes has nothing to do with you.

You have divorced him, so the money owed has nothing to do with you.

If your husband owes a debt, whether you want to file for divorce depends on how you look at the debt. We believe that if your husband owes debts for the purpose of running a business or for family expenses, you should not choose to divorce. If your husband owes debts to squander or spend on his own gambling and other expenses, which is also a sign of irresponsibility, you can consider divorce.

However, the husband's debt is not a statutory reason for divorce, and it is possible not to divorce for the first time.

There are two types of divorce, divorce by agreement and divorce by litigation. If both parties can agree on divorce, child support, and division of property, they only need to go to the marriage registration authority in the place where one of the parties is registered. If the parties cannot agree on a divorce, or on the issue of child support and property division after the divorce, the divorce can only be litigated.

The jurisdiction of litigation divorce is handled by the basic court of the defendant's domicile or habitual residence.

Reminder, if the creditor claims a debt against your husband, if there is evidence to prove that the debt is for family expenses or you agree to it, even if you divorce, the creditor still has the right to require you to bear the responsibility for repayment.

[Legal basis].

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 intent, 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 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.

Interpretation I of the Civil Code on Marriage and Family

Article 33 Where a creditor claims rights against the debtor's spouse on personal debts incurred by one party before marriage, the people's court shall not support it. However, the creditor can prove that the debt was incurred for the common life of the family after the marriage.

Article 35: Where the parties' divorce agreement or the effective judgment, ruling, or mediation document of the people's court has already dealt with the issue of the division of marital property, the creditor still has the right to claim rights against both the man and the woman in respect of the joint debts of the husband and wife.

Where, after one party bears responsibility for the repayment of the joint debts of the husband and wife, it is claimed that the other party should bear the corresponding debts in accordance with the divorce agreement or the legal documents of the people's court, the people's court shall support it.

First of all, you have to know the reason for his debts, if it is a failure to invest in business, not only can you not divorce, but you also have to accompany him to make a comeback. If it's a foreign debt owed by eating, drinking, prostituting and gambling, then I won't persuade you, you can do it yourself.

This depends on three aspects, the first is whether he has repentance, this repentance is not regret that he lost, but whether he will do this thing again after losing (such as gambling), the second is how much he owes a share of the debt, if he owes a million, this is indeed considered divorce, the third is whether he still has the potential or confidence to solve this debt problem in a relatively short period of time, if this aspect will take more than ten years, I think. If you're young, in your thirties, consider getting a divorce.

Depending on what kind of debt it is, if you know about it, it is the joint debt of the husband and wife, and even if you divorce, you have to share half of it. It also depends on the reason why he is in debt. If he doesn't appear on camera and you don't see hope in him, then there's nothing wrong with divorce.

My husband owes a lot of debts, should I get a divorce? If you owe a lot of debt, what is the reason? If he goes to prostitution to gamble, and he can't persuade him, then he must get a divorce, if he accidentally does business, loses or owes others, then he must work together to go to the ring and don't go to divorce, so ask clearly before making a decision, thank you.

Then it depends on whether the debt he owes is used for family expenses before or after marriage! The most important thing is the purpose of the arrears and the reasons for the debts!

According to Article 41 of the Marriage Law of the People's Republic of China, "at the time of divorce, the debts originally incurred by living together shall be repaid jointly", as long as the loan borrowed by one of the husband and wife is recognized as a joint debt of the husband and wife, the party who did not directly borrow the debt shall be liable for repayment. The divorced parties are jointly and severally liable for the repayment of the joint debts of the husband and wife. After divorce, the assumption of joint debts of husband and wife has the following characteristics:

1. The debts must be the joint debts of the husband and wife, which is the basis for the assumption of responsibility. Only debts created for the husband and wife to live together or for the spouses to share the benefits of the debts incurred are joint debts.

2. The creditor may claim rights against either of the husband and wife, and either spouse is obliged to perform the same payment interest.

3. After either spouse is fully repaid, the debts borne by the other spouse can be extinguished.

What to do when you think of your children, it means that you are still hesitating, otherwise, if you want to divorce, is the factor of children still important? Since you are so entangled, then don't divorce yet. The debt owed by the man, all this money is used in **?

Are you in the know? If it is used in the family, you also know about it, but you can't stop him, sorry, the debt he owes can only be repaid from the joint property of the husband and wife. If you don't know, the money won't be used in your little family.

Then who borrows and who repays has nothing to do with you. He can only pay off his debts with his own portion of the property. As for the issue of divorce.

If he really can't see the future, or he can't change his. Then settle the children and divorce.

1) The current legal provisions are very clear. If the husband and wife go into debt unilaterally, if the debt is used for the family to live together, it is a joint debt. If these joint debts were borrowed during your marriage, then it is useless for you to divorce now, which means that those debts will have to be paid jointly even if you are divorced.

2) If your husband is carrying a debt that you borrowed and is not used for family life, it is his personal debt, and it is up to him to pay it himself. In the event of a divorce, the half of the joint property belongs to him, and the other half belongs to your personal property.

3) Then, you can tell whether your husband's debt is used for living together. For example, your household expenses are knowable, your monthly income is also knowable, if your income is greater than your monthly expenses, then you don't need to go into debt; If the family has special circumstances, such as buying a house, serious illness, etc., whether it needs to borrow money, it can also be budgeted.

If your husband is borrowing more than the above behind your back, it may be beyond the scope of the family's normal expenses, and the debt may not be a joint debt.

4) However, it is still not to be taken lightly for the husband and wife to borrow unilaterally, if your husband's debt is too large, and the part of the property that belongs to him is not enough to repay the debt in full, it may also bring trouble to the part of the property that belongs to you.