My husband owes hundreds of thousands of gambling debts outside, does my wife still need to bear gam

After getting married, husband and wife should love each other and be considerate of each other, so that the marriage relationship can last for a long time. If after the marriage, the couple often quarrels over trivial matters or the husband often gambles outside, not returning home will lead to the breakdown of the couple's relationship. When the relationship between the husband and wife breaks down, they will choose to divorce.

Divorce means that the relationship between two people has ended, there will be changes in property, and there will also be changes in child custody. <>

The husband owes hundreds of thousands of gambling debts outside, and people think that divorce is not a glorious thing before, and there is a big loss for either party. But today's young people are becoming more and more open-minded, and when the relationship between the two is broken, they are unwilling to wronged themselves to keep a failed marriage, and it is better to divorce each other directly. The divorce rate in today's society is very high, and people no longer feel that divorce is a dishonorable thing, but that divorce is a relief.

After the wife divorced, when the husband owed hundreds of thousands of gambling debts outside, and the two had divorced, the wife did not need to bear the gambling debts. According to our law, if there is a problem of debts between the two people during the existence of the marital relationship, then they need to bear it jointly. If the husband conceals the gambling debts owed by his wife during the marriage, the husband and wife can mediate, and the husband is willing to bear the gambling debts alone, then a divorce agreement can be drawn up, and the wife does not need to bear the gambling debts.

Do I still have to take on gambling debts? In the event of a divorce, if the husband and wife owe debts because they have lived together, then they need to pay them together. The husband gambles outside and owes debts that the wife does not know, and the debts have nothing to do with the husband and wife living together, so there is no need for the wife to repay the debts.

The debts owed by the husband who gamble outside are illegal debts and are not protected by the law, and the wife is not required to pay them in the event of a divorce. When you are in love, you should keep your eyes open and find a responsible person to marry, so as not to cause harm to yourself.

If the debt is incurred in the name of an individual in excess of the daily needs of the family, it is not a joint debt of the husband and wife, but if the creditor can prove that the debt is used for the common life of the husband and wife, the joint production and operation of the debt, or the debt based on the common intention of the husband and wife, then it is a joint debt of the husband and wife.

When the husband and wife agree to divorce, write down the debt situation clearly and clearly. If part of the debt is borne by the husband, then the wife will not have to pay the debt after the divorce.

There is no need for a wife to fulfill the huge debt that her husband looks at from the outside. Because it is not used for marital life, but the husband unilaterally consumes debts, he can take the means of divorce to protect his legitimate rights and interests.

If the husband owes hundreds of thousands of gambling debts outside, as a wife, she does not need to bear gambling debts after the divorce, after all, this is the husband's personal behavior.

If there is evidence of his gambling debts outside, there is no need to repay the gambling debts, and the debts are borne by the husband alone.

If the gambling debts are borrowed when the fact of the marriage between the two people exists, the wife still needs to bear the gambling debts after the divorce.

If the gambling debt is owed before the divorce, it is not necessary to bear the debt, but if it is owed after the divorce, there is no need to bear it.

Summary. The wife lost hundreds of thousands of dollars outside and divorced her husband, which means that you must live a good life in a married life, and if you lose so much money outside, the husband doesn't know, can the husband live a good life with you? I will definitely be with you, there is no hope, that's why I divorced you.

The wife lost hundreds of thousands of dollars outside and divorced her husband, which means that you must live a good life in a married life, and if you lose so much money outside, the husband doesn't know, can the husband live a good life with you? I will definitely be with you, there is no hope, that's why I divorced you.

That good life must be cherished, because the hundreds of thousands we earn are not easy, and we lose directly in the casino, what a pity, so if you have a happy marriage, you must maintain a nightly marriage and live a good life, which is a very important thing.

The husband gambles and divorces the wife, and the debts owed by one party due to gambling are personal debts, and the other party does not need to bear them. 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. Therefore, the gambling debt is a personal debt and the other spouse does not need to repay it.

In addition, according to the relevant laws and regulations of our country, gambling violates the prohibitive provisions of the law and the public interest, and should be an invalid civil act. [Legal basis involved in this article]::Civil Code of the People's Republic of China, Article 1064 The debts borne by the husband and wife jointly signed or the joint intention of one of the husband and wife or the subsequent recognition of the husband and wife, as well as the 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, belong to the 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 repentant marriage 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.

2. After the divorce of the husband and wife, the creditor should recover the debt from whom, first of all, depends on whether it is a personal debt or a joint debt of the husband and wife. If it is a personal debt, regardless of whether there is a divorce or not, the creditor can only claim rights against the debtor; If the spouses have agreed on the assumption of debts in the divorce agreement or if the court judgment has made a judgment on the assumption of debts, it is binding on both parties. This binding force is internal and cannot be used against creditors.

According to the provisions, if one of the spouses refuses to repay the joint debts after the divorce, then the creditor has the right to sue both the husband and the woman, because the joint debts of the husband and wife are incurred during the marriage, and both the husband and the woman enjoy the effects of the debts during the marriage, then even if the divorce is divorced, the husband and the woman are still jointly and severally liable for the joint debts.

The debts owed by the husband gambling are counted as the husband's personal debts at the time of divorce, and the wife is not responsible for repaying them.

According to the laws of our country, the debts incurred by one of the spouses due to unreasonable personal expenses, such as gambling, drug addiction and alcoholism, are all personal debts of one party, and the spouses are not jointly liable to repay.

If a third party claims that the debt is a joint debt of the husband and wife, the people's court will not support it.

Legal basis: Article 1064 of the Civil Code: Debts incurred by the husband and wife in the joint signature of the husband and wife or the subsequent recognition of the husband and wife, as well as the 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, belong to the 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 joint intention of the husband and wife.

Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China.

Article 34: Where one of the husband and wife colludes with a third party to fabricate debts, 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.

1. Can gambling debts not be repaid?

Gambling debts can not be repaid.

If the creditor still borrows money knowing that the debtor is using it for illegal purposes (gambling), the creditor's rights are not protected by law.

This definition of knowingness is:

1.The creditor himself is involved in gambling;

2.The debtor's loan is expressly borrowed for gambling, which is clearly stated in the IOU;

3.The debtor is well known for gambling and the creditor should know about it.

Legal basis: The Notice of the Supreme People's Court on Promoting Economic Development and Maintaining Social Stability in the Proper Trial of Private Lending Dispute Cases in Accordance with Law does not protect lending relationships formed due to illegal and criminal activities such as gambling and drug abuse, or lending relationships in which the lender clearly knows that the borrower is for the purpose of carrying out the above-mentioned illegal and criminal activities.

As a debt relationship arising from gambling, the first is to damage the public interest, and the other is to violate the mandatory provisions of laws and administrative regulations.

According to the law, the gambling debts owed by the husband after the divorce can not be returned. According to the law, the debts owed during the marriage belong to the husband and wife, but the husband and wife can mediate and the other party is willing to bear the divorce agreement alone, and the wife may not pay it. If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

If one of the parties incurs personal debts before marriage, the creditor may not claim rights against his or her spouse unless it can be proved that the debts incurred were used for family life after marriage. Debts incurred by one of the husband or wife in the name of the individual during the existence of the marital relationship shall, in principle, be treated as joint debts of the husband and wife; Unless the other party can prove that the creditor and the debtor have expressly agreed that it is a personal debt; This is also not the case where it can be proved that the husband and wife have agreed on a separate ownership of property system, and the third party is aware of the agreement. If one of the husband or wife is jointly and severally liable for joint debts, he or she may recover from the other party on a lawful basis.

In the event of the death of one of the husband or wife, the surviving spouse shall be jointly and severally liable for the joint debts incurred during the marriage.

Article 1064 of the Civil Code of the People's Republic of China: Debts borne by the husband and wife in a joint signature or a joint expression of intent such as the subsequent recognition of one of the husband and wife, as well as the debts incurred by one of the husband and wife in their own name for the daily needs of the family during the period of the existence of the marital relationship, are joint debts of the husband and wife. Article 1089 of the Civil Code of the People's Republic of China In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint property is insufficient to be compensated or the property is owned by each other, the two parties shall agree to settle the debt; If the agreement is not reached, the people's court shall make a judgment.