Does one spouse owe debts and the other spouse is obliged to repay the debt?

Depends on the reason for the liability.

If it is a debt incurred by one party for living or fulfilling the statutory obligation of maintenance and support, or for ** illness, etc., it should be a joint debt of the husband and wife, and the husband and wife shall repay it together, and the court will decide if the two parties fail to negotiate because there is a legal obligation to support each other between the husband and wife.

If one party incurs debts for production and operation, and the income from production and operation is not used to support the family or used for the common expenses of the family, then its operation and production are personal acts and have nothing to do with its family life, and the debts incurred for this purpose are also personal debts and should be paid off by the other party, and the other party has no responsibility to pay off on his behalf.

Legal basis] Article 1064 of the Civil Code, the debts borne by the husband and wife jointly signed or the subsequent recognition of the husband and wife, as well as the debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, 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 common intention of the husband and wife.

Only in the joint debts of both spouses, the other spouse is obliged to share.

Article 1064 of the Civil Code on joint debts between husband and wife is provided

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.

Therefore, the joint debts of the husband and wife are incurred for the maintenance of the joint family life of the husband and wife, and the husband and wife should be jointly liable. However, if one of the spouses can prove that the debt is indeed a personal debt owed to the debtor, then the unmarried party can oppose the creditor's claim. If it is determined to be a personal debt, the creditor shall not demand repayment from the other party.

Legal Analysis: If one of the spouses owes a debt, if the debt is a joint debt of the husband and wife, the other spouse needs to bear the obligation to repay the debt. If it is determined to be a personal debt, the creditor shall not demand repayment from the other party.

Legal basis: Article 1089 of the Civil Code of the People's Republic of China In the event of divorce, the husband and wife shall jointly repay the debts of the husband and wife. If the joint property is insufficient to pay off the friend or the property is owned by each other, the two parties shall agree to settle it; If the agreement is not reached, the people's court shall make a judgment.

1. Does one spouse have an obligation to repay the debt?

1. Whether one spouse owes a debt and the other party has the obligation to repay depends on the situation, and the analysis is as follows:

1) One spouse owes debts and the other spouse is generally not obliged to pay them;

2) If it is a joint debt of the husband and wife, the other party is obliged to pay it; If the debtor dies and his or her spouse inherits the estate, the successor is also obligated to repay the debts of the spouse.

2. Legal basis: Article 1064 of the Civil Code of the People's Republic of China, the debts borne by the husband and wife jointly signed by the husband and wife or the common expression of intent of one of the husband and wife after the fact, as well as the debts incurred by one of the husband and wife in the name of the husband and wife for the daily needs of the family during the existence of the marital relationship, 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 common intention of the husband and wife.

2. Is one of the spouses obliged to bear the maintenance of the other spouse when he or she goes out to work all year round?

One spouse is obliged to pay the other spouse's alimony for a perennial job.

The party in need of maintenance has the right to demand maintenance from the other party if the other party fails to perform the maintenance obligation.

It should first be clarified whether the debt owed by one party is a personal debt or a joint debt of the husband and wife. If it is a personal debt, it should be repaid by the debtor personally; If the debt is joint between the husband and wife, both parties are obliged to pay it. Article 17 of the "Several Specific Opinions of the Supreme People's Court on the Handling of Property Division Issues in the Trial of Divorce Cases by the People's Courts" has the following circumstances that cannot be recognized as joint debts of husband and wife, and shall be treated as personal debts, and one party shall pay off them with personal property:

1) Debts that the husband and wife have agreed to bear personally, but the purpose is to avoid debts, except for bringing Zen grandchildren; (2) One party, without the consent of the other party, finances the debts of relatives and friends who have no obligation to support it; (3) One party raises funds to engage in business activities on its own without the consent of the other party, and its income is not used for debts incurred by living together; (4) Other debts that should be borne by individuals.

Summary. Hello dear and happy to answer your <>

During the marriage, the debts borrowed by one party belong to the joint debts of the husband and wife, but the following circumstances can be regarded as the personal debts of the borrower: 1. One of the husband and wife colludes with a third party to make fictitious debts; 2. Debts incurred by one of the husband and wife in engaging in illegal and criminal activities such as gambling and smoking; 3. One party can provide evidence to prove that the debt was not used for the common life of the husband and wife. The necessary information provided is less, and based on the experience of previous matrimonial cases, you will stand in the case where mediation fails and litigation is required.

Is one spouse obligated to pay the debt?

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One of the husband and wife owes debts to the other party is obliged to repay, provided that the borrowed money is used for joint property, and during the existence of the marriage, the debts borrowed by one party to the outside party belong to the debts of the husband and wife, but the existence of the situation can be regarded as the personal debts of the borrower: 1. One of the husband and wife colludes with a third party to make up fictitious debts; 2. Debts incurred by one of the husband and wife in engaging in illegal and criminal activities such as gambling and smoking; 3. One party can provide evidence to prove that the debt has not been used to delay the husband and wife's common life. The necessary information provided is less, and based on the experience of previous matrimonial cases, you will stand in the case where mediation fails and litigation is required.

Extended information: The unilateral gift of personal property without the consent of the spouse is valid. If the gift is the personal property of the donor, such as pre-marital property, after the marriage agreed to be owned by the individual, and the legal post-marital personal property (such as disability compensation money), then the donor has the complete right to dispose of the gift, and can be donated to others without the consent of the spouse, and the spouse cannot revoke the gift.

The unilateral gift of the joint property of the husband and wife is pending in the case of the validity of the gift. If the gift is the joint property of the husband and wife, it is a kind of joint ownership without shares, and according to the provisions of the law on joint property, the consent of all the co-owners is required for the disposal of the joint property, that is, the consent of both husband and wife. If a husband and wife unilaterally donate common property, the other spouse needs to confirm it, and the validity of the unilateral gift is to be determined before the other spouse agrees to the gift.

In other words, if one of the spouses quietly donates the marital property to another person without the consent of the other spouse, once the spouse knows about it, the unilateral gift is valid, and if the other spouse does not agree, the gift is invalid and the donee should return the property.

Hello. The details of the specific situation here can help you defend your rights.

Legal analysis: Whether one spouse owes a debt and the other spouse is obliged to repay it depends on the specific situation. In accordance with the relevant laws, if the creditor claims rights for 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 on the ground that they are joint debts of the husband and wife, the people's court will not support them, but the creditor can prove that the debts were 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.

Legal basis: 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 property is insufficient to be repaid or the property is owned by each other, the two parties shall agree to settle the payment; If the agreement is not reached, the people's court shall make a judgment.

If one of the spouses owes a debt, the other spouse is liable to repay the debt if the debt is a joint debt. If it is determined to be a personal debt, the creditor shall not demand repayment from the other party. 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.

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.