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Can one party bear the debt after divorce

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Can one party bear the debt after divorce


        

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  • 2024-06-22 19:00:59

    If it is a joint debt, we should bear it together. The Marriage Law stipulates that at the time of divorce, the debts originally borne by the husband and wife living together shall be repaid together. If the joint property is not enough to pay off, or if the property belongs to each other, the two parties shall reach an agreement on payment, and the people's court shall make a judgment.
    1. The debts incurred by the joint declaration of intention, such as the joint signature of both husband and wife or the subsequent ratification by one of the husband and wife, shall be recognized as joint debts of husband and wife.
    2. The people's court shall support the creditor's claim on the ground that the creditor claims the rights of the debt incurred by one of the husband and wife in their personal name for the daily needs of the family during the marriage relationship.
    3. The people's court will not support the creditor's claim for the creditor's rights on the ground that the debt is a joint debt of the husband and wife when one of the husband and wife bears debts in his or her personal name that exceed the needs of the family's daily life during the existence of the marriage relationship, except that the creditor can prove that the debt is used for the husband and wife's common life, production and operation, or based on the joint intention of the husband and wife.

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    2024-06-22 19:00:59

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