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When divorcing, the key is to distinguish between common and personal debts. Personal debts include those borne by oneself before marriage, those agreed to be borne solely by negotiation, those who unilaterally assist relatives and friends, those who operate without authorization and those who do not share profits, and those under specific circumstances. On the contrary, the debts arising from the joint life of the husband and wife, or the debts jointly signed/subsequently ratified by both parties, shall be deemed as joint debts.
#Creditor's rights and debts
1115 readings
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Our Civil Code allows couples to freely agree on the nature and ownership of property during the marriage, including the ownership and management of personal property and common income. The agreement must meet five legal conditions: both parties have full capacity, are voluntary and free from fraud and threat, the content is legal, does not infringe the rights and interests of third parties, the marriage is valid, and it is in written form, and it is recommended to notarize. The agreement shall not involve family members or the property of a third person, and the agreement under invalid marriage or revocable marriage shall be invalid. Written notarization can improve the effectiveness of the agreement, ensure the clarity of rights and reduce the risk of disputes.
#Creditor's rights and debts
907 readings
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The joint debt of husband and wife is limited to the period of marriage. The legal debt used for family life or business based on the consensus of both parties shall be signed by both parties for confirmation. Debts arising from gambling and drug abuse are not protected by law. False debts or claims fabricated by one party are not joint debts. The court will not support the claim of fabricated debt.
#Creditor's rights and debts
1140 readings
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The production of IOUs should pay attention to legal effect: clearly mark the full names of the borrower and lender; Specify the loan amount, start and end dates, and terms, and specify the details of repayment and interest payment, including interest rate, total amount, and date; The borrower shall sign in person and indicate the date of receipt, and attach the transfer voucher as evidence. Indicate the purpose of borrowing to strengthen legitimacy; Ensure that all key information is complete to reduce the risk of legal disputes.
#Creditor's rights and debts
1344 readings