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Beiguan District Wenfeng District Yindu District Long'an District Linzhou City Anyang County Tangyin County Huaxian County Neihuang County

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Mortgage guarantee Personal debt Conjugal debt Debt claims private lending Recovery of arrears Loan disputes Debt dispute Corporate debt

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Will the unpaid mobile phone arrears affect the divorce proceedings

When facing the common debt in marriage, the husband and wife should distribute it fairly according to law. Even if there is a separate debt of one party, such as illegal debt or private financial debt, the other party can refute the creditor's recovery through evidence. The ownership of debt can be divided according to the agreement (personal debt statement) or legal agreement (post marriage property rights agreement). If the debt is consistent with the agreement, the debt will only be borne by personal property when the third party knows it. At the time of divorce, the handling of such debts will not affect the filing of divorce applications. #Creditor's rights and debts 802 readings
Whether the problem of arrears can be used as a reason for suing for divorce

The handling of joint debts during divorce is the focus of legal attention. Both husband and wife are obliged to share the legal debts incurred during marriage, unless illegal debts, such as those caused by gambling or crime, are involved. If one party needs to prove that it is an individual debt, the joint repayment liability can be excluded by evidence. In general, debts in the name of one party are regarded as joint debts, but if both parties have a clear personal debt agreement or property separation agreement in advance, and an informed third party approves, the agreement shall prevail. Divorce does not affect the division of debts and ensures fairness and reasonableness. #Creditor's rights and debts 856 readings
If one party has bank arrears, can it sue for divorce

Even in the face of bank arrears, the right to divorce will not be affected. The joint debts of husband and wife should be fairly divided, except for illegal or personal debts. If one party can prove that it is a personal debt, the other party does not have to bear it. General personal debts shall be handled according to the agreement. If the third party is aware of the property agreement, the debt ownership will be carried out according to the agreement. At the time of divorce, the rights and interests of all parties may be protected in accordance with the law. #Creditor's rights and debts 1477 readings
Do we need to write joint debts in the divorce indictment

In the divorce indictment, the joint debt should be clearly mentioned. The indictment should be written in a clear structure, focusing on the key disputes in the process of marriage change. Personal debts that are not necessary for daily life are not usually regarded as joint debts, but if they can be proved to be caused by the joint act of husband and wife, they will be recognized. After one party dies, the surviving party shall be jointly and severally liable for the joint debts during the marriage. #Creditor's rights and debts 1067 readings

I was sued for arrears before, but can I still sue for divorce now

Chinese law does not prohibit divorce of couples with debt disputes, but economic debt needs to be handled properly. The husband and wife need to sort out their debts together to ensure a fair division of property and debt in divorce. Both parties shall be responsible for joint debts, and individual debts shall be borne according to their responsibilities. If the negotiation fails, judicial intervention can be sought. The legal provisions clearly distinguish between common and personal debts. #Creditor's rights and debts 1375 readings
Whether to sue for divorce when there is debt

Even in the face of joint debts, they still have the right to petition for divorce. The joint debts of husband and wife shall be shared according to law, including legal debts, except for legal debts such as gambling crimes. If one party needs to prove that the debt is a personal debt (the contingent property ownership agreement is clearly agreed and the creditor is informed), it can bear it alone. At the time of divorce, except for personal debts, both parties of the remaining debts share responsibility. #Creditor's rights and debts 838 readings
Can you sue the other party for the fake divorce after you owe money

After divorce, the joint debts of the husband and wife still need to be recovered. In principle, the debts formed during marriage are regarded as joint ownership. Even if divorce occurs, either party or both parties have the right to sue for debts. The debts shall be borne by the joint property first, and the insufficient part shall be distributed according to the agreement or the judgment of the court. The husband and wife are jointly and severally liable for paying off the debts, and the creditor has the right to demand full or partial repayment from either or both parties, regardless of priority. Regardless of the property ownership, the outstanding debt party shall be responsible for the remaining debt. #Creditor's rights and debts 899 readings
When suing for divorce, how will the defendant deal with the online loan arrears

In divorce proceedings, the key to handling online loan accounts is to clarify the debt liability. The joint debt of husband and wife shall be shared according to the agreement or legal ruling, and the typical joint debt shall be negotiated by both parties or judged by the court; The spouse of individual debt is not responsible. When the joint debt is not enough to pay off, the husband and wife should negotiate, and if the negotiation fails, they can appeal to the court. Individual liabilities for family life are regarded as joint liabilities. #Creditor's rights and debts 1066 readings

Win the lawsuit The transferee does not accept the transfer of debt by agreement. After the lawsuit, the court supported all the claims of the creditor (plaintiff)

Agent: appellant result: Win the lawsuit

My value: Sort out the case evidence, change the thinking of the first instance litigation, confirm the new thinking of the debate, and finally the court determined the legality of the debt transfer agreement and the determined repayment subject Detailed case>
Win the lawsuit Private lending disputes

Agent: plaintiff result: Win the lawsuit

My value: The defendant shall repay the plaintiff's loan and interest within ten days after this judgment takes effect. Detailed case>
Win the lawsuit Private lending disputes

Agent: plaintiff result: Win the lawsuit

My value: The defendant shall repay the principal and interest of the plaintiff's loan within ten days after this judgment takes effect Detailed case>
Win the lawsuit Private lending disputes

Agent: plaintiff result: Win the lawsuit

My value: The defendant shall repay the plaintiff Zhang Jing's loan of 100000 yuan and interest within ten days after the judgment takes effect Detailed case>

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