Do couples need to share debts after divorce?

Updated on society 2024-08-14
5 answers
  1. Anonymous users2024-02-16

    After the divorce of the husband and wife, the two people no longer have any husband and wife relationship and belong to strangers, so any debts incurred after the divorce do not need to be borne jointly.

    They are already two relative free people and have no involvement, so the debts will not be borne because they were once husband and wife, but for all the debts incurred during the existence of the husband and wife, there are requirements for joint bearing, which is the right and obligation of the law to the husband and wife.

    Debts and property incurred by both spouses in all areas of the marriage shall be divided equally in the event of divorce. Many people do not have a clear definition of this point when they get divorced, so that there is no clear division of property and debts, and many disputes arise after divorce. But in fact, people must sign a divorce agreement when they get divorced, and the main purpose of this divorce agreement is for both parties.

    Property, debts, and child custody should be fully divided and sorted out to prevent adverse reactions after divorce, which will affect the subsequent life of two people.

    Husband and wife can come together, all by fate to match, but two people, if there is no way to go deep into each other's world in the marriage, there is no ability to operate together, which eventually leads to the breakdown of the marriage, and can only end in divorce. But when divorcing, we have to distribute all the problems reasonably, which is the most sincere feedback for this relationship, and it will not make the two people who can no longer be in touch have many entanglements because of the follow-up troubles, which is not beneficial to sex life.

    After the divorce of the husband and wife, there is no need to be implicated between the two, and any property and debts incurred are also distributed separately, and there is no substantive relationship with the other party, so it is unreasonable for the husband and wife to bear the debts jointly after the divorce, and each can bear their own debts.

  2. Anonymous users2024-02-15

    It needs to be shared. This is because if there is a problem with debts between the parties during the marriage, even if it is divorced, then these debts need to be shared by both spouses.

  3. Anonymous users2024-02-14

    After the divorce, the husband and wife also need to bear the debt jointly, because this is a debt that the husband and wife owe jointly before the divorce, so it must be repaid jointly by both husband and wife.

  4. Anonymous users2024-02-13

    It depends on who the debt is, and if it is an individual, then it only needs to be borne by the individual.

  5. Anonymous users2024-02-12

    After the divorce, the husband and wife will have to bear the joint debts.

    Joint debts of husband and wife are debts owed by both husband and wife or one of them to a third party for the purpose of living together as husband and wife during the existence of the marital relationship, which shall be jointly borne by both husband and wife and repaid with the joint property of the husband and wife; If the joint property of the husband and wife is insufficient to repay, it shall be repaid with the personal property of the husband and wife.

    Joint debts include the following: disappear like a swim.

    1) Debts incurred for the purchase of property borrowed by one of the parties before the marriage has been converted into joint property of the husband and wife;

    2) Debts incurred by the husband and wife for the common life of the family;

    3) Debts incurred by husband and wife jointly engaged in production or business activities, or debts incurred by one party engaged in production and business activities, and the business income is used for family life or shared by spouses;

    4) Debts incurred by one or both spouses for medical treatment and for the treatment of persons with legal obligations;

    5) Debts incurred for raising children;

    6) Debts incurred by the elderly who have an obligation to support them;

    7) Debts incurred to pay for the education and training expenses of one or both spouses;

    8) Debts incurred to pay for legitimate and necessary social interaction expenses;

    9) Debts that are agreed upon by the husband and wife as joint debts;

    10) Other debts that shall be recognized as joint debts of husband and wife.

    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 write-off creditor can prove that the debt was used for the husband and wife's common life, joint production and operation, or based on the joint 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.

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