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In divorce proceedings, pre marital loan contracts may be consolidated. The loan agreement signed within the marriage shall be regarded as the joint debt of the husband and wife. Whether divorced or not, it should be litigated jointly by both parties. However, after the marriage breaks down, it is necessary to clarify the ownership of debts and divide legal responsibilities to help divide property and ensure clear rights and interests.
#Creditor's rights and debts
873 readings
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Spouse credit card debt is not a direct factor in divorce, and the divorce process mainly depends on the agreement or litigation procedure. Divorce by agreement only requires both parties to reach an agreement on the division of debts and dissolution of marriage and go through the formalities. For divorce in litigation, it is necessary to prove that the marriage is irretrievable. When the joint debts of the husband and wife are involved, the arrears required for daily life are regarded as joint responsibilities and need to be repaid with the joint property of the husband and wife.
#Creditor's rights and debts
1124 readings
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In case of debt default, delay in payment, explicit disclosure of inability to repay the debt, and failure to fulfill the main commitments, both parties to the contract have the right to unilaterally terminate according to law. The contract can also be canceled at any time by consensus or agreement. The exercise of the right to terminate shall be notified to the other party in a timely manner, and the notice shall clearly indicate the failure of performance. If you have any objection to the cancellation, you can seek judicial or arbitration solutions. Litigation or arbitration without consent may lead to the termination of the contract when the copy is served.
#Creditor's rights and debts
1300 readings
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In the credit debt relationship, the defaulting party shall bear the liability for breach of contract in accordance with laws and regulations and the contract, including performing obligations, paying compensation or compensating for actual and expected losses. If the breach of contract causes losses, the compensation shall be equal to the actual losses, but not exceed the possible losses foreseen by the defaulting party. In case of serious breach of contract, the creditor may exercise the right of priority to be repaid, that is, when the debtor is unable to repay, it shall have priority to obtain compensation by disposing of the collateral.
#Creditor's rights and debts
1024 reads
