Does the husband owe an online loan to reward the anchor after his death?

Updated on society 2024-08-13
12 answers
  1. Anonymous users2024-02-16

    Yes, it does. In the matrimonial law, the wife needs help to repay such debts.

  2. Anonymous users2024-02-15

    It should need to be returned. The joint debt between the husband and wife needs to be repaid by you. If there is property, don't you also continue. Although it was wrong for him to reward the anchor, after all, this money cannot be borne by the online loan company.

  3. Anonymous users2024-02-14

    If it is proved that the online loan is used to reward the anchor, it is not a joint debt of the husband and wife, and the wife does not have to repay it.

  4. Anonymous users2024-02-13

    If your spouse owes an online loan, it will affect the other spouse. Debts owed by the spouse may also be shared by both spouses. The law stipulates that if one of the husband and wife claims rights in the debt incurred in his or her own name, it shall be treated as a joint debt of the husband and wife.

    Unless it can be proved that the loan is not used for household living expenses, it is a personal debt of the other party. The above is the answer compiled by Xunlu.com, I hope it can be helpful to you.

  5. Anonymous users2024-02-12

    Personally, I don't think my wife needs to repay it, after all, my wife should not know about rewarding the anchor, and the online loan is not used for family life.

  6. Anonymous users2024-02-11

    Regardless of the manner in which the husband owes it during his lifetime, the wife has the responsibility to repay the husband after his death.

  7. Anonymous users2024-02-10

    The husband owes the online agent to reward the anchor. If the man died. He should still have an inheritance. If the online lender sues your husband. The court will award compensation for your husband's estate.

  8. Anonymous users2024-02-09

    Divorce is not necessary before he dies.

  9. Anonymous users2024-02-08

    Legal Analysis: The wife is also responsible for the debts owed by the husband. Unless the parties can provide evidence that the husband's debts are not used for the debtor's joint life or production.

    The court will rule to terminate the execution of the wife, as the person subject to enforcement, who is unable to repay the loan due to difficulties in life, has no income**, and has lost the ability to work. The husband rushed to gamble and owed hundreds of thousands of online loans and credit cards, and his wife did not have to help. Because gambling debts are not joint debts of husband and wife, the wife is not obligated to pay them.

    Joint debts are debts incurred to meet the needs of the husband and wife living together. Joint debts are mainly debts arising from the needs of the husband and wife to live together as a family, as well as the management, use, income and disposal of joint property.

    Legal basis: Article 1064 of the Civil Code of the People's Republic of China Article 1064 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 his or her own name during the existence of the marital relationship for the needs of the family's daily life, 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.

  10. Anonymous users2024-02-07

    Legal Analysis: The following conditions must be met for the establishment of a counter-guarantee:

    1. The third party provides security to the creditor. Since the counter-guarantee is dependent on the guarantee, the counter-guarantee contract cannot exist separately from the security contract. If the third party does not provide security to the creditor, then the third party cannot require the debtor to provide it with a counter-guarantee.

    Guarantee is the premise and basis for the emergence of counter-guarantee, and counter-guarantee is the development of guarantee.

    2. The debtor or any person other than the debtor provides security to a third party. A counter-guarantee can only be called a counter-guarantee if the debtor or a person other than the debtor provides security to a third party after a third party has provided security to the creditor for the debtor. The counter-guarantee provided by a person other than the debtor to a third party may be a guarantee guarantee, a mortgage guarantee or a pledge guarantee.

    3. Only when the third party provides a guarantee, mortgage guarantee and pledge guarantee for the debtor, can the third party require the debtor to provide a counter-guarantee to the debtor. That is to say, in the anti-civil civil law relationship, only the three forms of security, mortgage and pledge can produce the subject of the tripartite legal relationship at the same time, therefore, the counter-guarantee can only exist in the guarantee, mortgage and pledge, but not in the lien and deposit.

    4. It must comply with the legal form. The counter-guarantee between the debtor and the third party not only requires the parties to express the same intention, but also expresses it through a certain legal form, which is generally a written contract. In some mortgage contracts and rights pledge contracts, the mortgage and pledge of rights cannot be effective simply by entering into a written contract, and the parties need to go to the corresponding departments prescribed by laws and regulations to register the mortgage and pledge of rights before the mortgage contract and the pledge contract can take effect.

    Legal basis: Article 387 of the Civil Code of the People's Republic of China Where a creditor needs security in order to ensure the realization of its creditor's rights in civil activities such as lending and trading, it may establish a security interest in accordance with the provisions of this Law and other laws. Where a third party provides security to the creditor for the debtor, the debtor may be required to provide a counter-guarantee.

    Counter-guarantees shall be governed by the provisions of this Law and other laws.

  11. Anonymous users2024-02-06

    Summary. Good morning, dear<>

    The wife needs to pay it back after the husband owes an online loan and dies. 1. It depends on whether this is a joint debt of husband and wife, if this is a joint debt of husband and wife, the wife is obliged to repay; 2. If this is not a joint debt of the husband and wife, the wife shall bear the obligation to repay within the scope of inheriting the husband's estate.

    Does the wife need to repay the death of the husband who owes an online loan.

    Good morning, dear<>

    The wife needs to pay it back after the husband owes an online loan and dies. 1. It depends on whether this is a joint debt of husband and wife, if this is a joint debt of husband and wife, the wife is obliged to repay the old uproar; 2. If this is not a joint debt between husband and wife, the wife should bear the obligation to repay within Fan Shibiwei, who inherits her husband's estate.

    My husband owes a loan of 300,000 yuan, and now he has advanced lymphoma, two elderly people in the family, two children under the age of 10, and his wife lives on several thousand yuan a month.

    Dear, you need to pay it back.

    The problem was borrowed before marriage.

    Why do you want me to pay it back?

    And he didn't go to work for 7 years, and he didn't spend money on the family.

    We will be happy to answer your <>

    The wife does not have to pay the debt owed by the husband before marriage. The law stipulates that premarital debts are generally personal debts after marriage, and one party should use his or her personal property to bear the burden of the first debt. Unless the creditor has evidence to prove that the husband owes the debt before the marriage and used it for family life and production and business after the marriage, the wife is not liable for repayment.

    Dear, it can be proved that it is a pre-marital loan, and you don't have to pay it back.

    My husband hasn't worked for 7 years.

    Dear, this situation can not be returned, and it is not used for family life and production and operation.

    He is now suffering from terminal cancer, and his father's income from work is all for him to treat his illness, and our family is already a national subsistence household.

    Dear, you can apply for assistance online on platforms like Drip Chip.

  12. Anonymous users2024-02-05

    In accordance with the relevant laws, the debts incurred by the debtor during his lifetime shall be repaid by his estate, and the scope of repayment shall be limited to the actual value of the estate, and there is no restriction on the voluntary repayment of more than part of the heirs. However, if the debtor's legal heirs are unwilling to repay, then the creditor's claim will be completely extinguished and cannot be compensated if the creditor's claim is insufficient after the debtor's estate is repaid or the debtor has no estate to repay.

    Legal analysisThe inheritance of the decedent, that is, there is a positive inheritance and a negative inheritance. Positive inheritance refers to all personal property and other property rights and interests that can be inherited during the decedent's lifetime. Negative inheritance refers to the debts and other property obligations left by the deceased.

    While inheriting the positive estate of the decedent, the heirs are also liable for the negative inheritance of the decedent. The heir's acceptance of the inheritance is a necessary prerequisite for him to bear the burden of paying off the negative inheritance of the decedent. If the heir renounces the inheritance, he or she shall not be liable for repaying the taxes and debts that the decedent shall pay in accordance with the law.

    When the heir pays off the negative estate of the decedent, he can only limit the actual value of the decedent's estate, that is, the scope of the heir's responsibility to pay off the negative estate of the decedent adopts the principle of limiting the actual value of the inheritance accepted by the heir. This principle is known as the qualified inheritance principle. The heirs may not be liable to repay the portion of the negative estate that exceeds the actual value of the estate.

    This limit does not apply where the heirs voluntarily repay the loan in full. When paying off the negative estate of the decedent, the necessary share of the inheritance reserved for the heir who lacks the ability to work and has no livelihood shall not be cancelled.

    Legal basisCivil Code of the People's Republic of China Article 1161 The heirs shall pay off the taxes and debts that the decedent shall pay in accordance with the law to the extent of the actual value of the inheritance obtained. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs. If the heir renounces the inheritance, he or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.

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