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Beijing creditor's rights, debtor's rights, husband and wife's debt lawyer Wang Shanshan

Wang Shanshan, a lawyer of Beijing Yingke Law Firm, has been engaged in legal work for more than ten years. She is conscientious, responsible, professional and rigorous, and can flexibly use diversified dispute resolution mechanisms to solve problems for clients.

Beijing Yingke Law Firm

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Chaoyang District Haidian District Xicheng District Fengtai District Dongcheng District Changping District Shijingshan District Tongzhou District Daxing District Shunyi District Fangshan District Miyun District Huairou District Yanqing District Mentougou District Pinggu District

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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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How to Determine the Divorce Joint Creditor's Rights

In divorce proceedings, what kind of situation can be recognized as a joint claim between husband and wife depends mainly on whether the debt is incurred during the maintenance of the marriage relationship and used for the needs of the family's common life, to jointly carry out production and business activities, or to be reached out of the common will of both husband and wife. For example, when the husband and wife jointly provide loans to the other party, or generate external debts through joint business, the accumulated claims in this case are often regarded as joint claims between the husband and wife. If the creditor's right is born under the above circumstances, it will be recognized as the creditor's right shared by the husband and wife in principle. #Creditor's rights and debts 1417 readings
Does the other party need to share the debt of the other party in suing for divorce

In most cases, whether it is necessary to bear the debts of one spouse depends on whether such debts belong to the joint responsibility of both spouses or the obligations of only one spouse. If it is defined as the public debt of husband and wife, it means that both parties have the obligation to share responsibility; On the contrary, if one party has its own private debt, the other party does not need to bear any joint liability. The so-called joint debt of husband and wife usually refers to the debt that is borne to maintain the daily life of the family, or the debt that is used for the joint production and business activities of husband and wife, based on the expression of their common will and other factors. #Creditor's rights and debts 874 readings
What are the constitutive elements of the joint debt of husband and wife

The legal definition of joint liabilities of husband and wife usually needs to follow the following elements: First, the formation of the debt needs to be based on the clear declaration of intention made by both husband and wife, for example, both parties sign relevant documents in person or one of them approves after the event; Second, the debt must be borne to support the daily life of the family; Third, the use of debt should involve the joint life of husband and wife and the production and business activities they participate in. However, in the actual operation process, whether a debt belongs to the joint debt of husband and wife needs to be comprehensively judged based on a variety of factors and sufficient evidence. #Creditor's rights and debts 982 readings
How much money is appropriate to sue for divorce

At the time of marriage litigation, there is no fixed and uniform appropriate standard for the specific number of liabilities. The real focus is on the nature of debt, the reasons for its formation and the accompanying financial situation of both spouses and other factors. If the debt is needed by the husband and wife to share their daily life, cooperate in production and business activities, or occurs based on mutual willingness and consensus between the husband and wife, it is usually considered to be shared by both parties at the time of divorce. However, if a party is personally responsible for a debt that is more than necessary for the daily life of the family, this is usually regarded as personal debt. #Creditor's rights and debts 1348 readings

What about the debts owed by the man during the separation

During the duration of the marriage relationship, if the husband has incurred debts due to his/her own actions, it is necessary to make a reasonable judgment on whether his/her debts live with the husband and wife, jointly carry out production and business activities, or make decisions based on the voluntary agreement of the husband and wife. If the answer is no, this kind of debt is usually regarded as the personal debt of the man, and the man should bear the obligation of repayment independently. However, if the creditor can provide sufficient evidence to prove that the debt was actually used for the husband and wife's living together and other related matters, then this debt may be determined as the husband and wife's joint debt, and then both the husband and the wife are required to bear the responsibility of repayment. #Creditor's rights and debts 946 readings
Who bears the burden of proof of joint debts in divorce cases

In the process of hearing such divorce cases involving the determination of marital joint debt, the party claiming the existence of debt in the litigants will bear the main burden of proof. If one party claims that the debt is a joint debt incurred during the marriage of the husband and wife, it must provide sufficient and conclusive evidence to prove that the debt is actually used for the needs of the husband and wife's common life, joint production and business activities, or generated based on the joint will of both parties. For example, you can support your claim by providing relevant evidence materials such as loan contracts, fund flow directions and specific purposes. #Creditor's rights and debts 1417 readings
What to do if one party of the divorce's joint debt is unable to repay

When the husband and wife dissolve the marriage relationship, if the problem of joint debt is involved, if one of them is unable to bear the responsibility of repayment due to various reasons, the other party may have to bear all the debt pressure first, and then seek compensation from the spouse who is unable to fulfill the obligation of repayment. Under such circumstances, the judicial authority will conduct comprehensive analysis and evaluation based on the economic strength of both parties, the substantive characteristics of the debt, the purpose and other key factors, and then determine the debt share that both parties should contribute. If this debt comes from the needs of the family, both parties have an unshirkable obligation to repay it. #Creditor's rights and debts 831 readings

Win the lawsuit

Agent: appellant result: Win the lawsuit

My value: After the case has been repeated, the evidence has been collected, and the hearing recording of the first instance case has been studied, Detailed case>
Win the lawsuit In the case of civil loan dispute against Zhang XX, 160626 yuan of principal and interest were recovered for the plaintiff

Agent: plaintiff result: Win the lawsuit

My value: The defendant defaulted on the loan of the plaintiff Xue XX and refused your court. The plaintiff found lawyer Liang Lei to act on behalf of the court, and the court finally decided that the defendant should repay 160626 yuan and pay interest Detailed case>
Win the lawsuit In the case of private lending with Gong X, the defendant did not need to pay most of the fees by emphasizing the invalidity of re lending from bank loans

Agent: defendant result: Win the lawsuit

My value: The plaintiff sued the defendant Li XX for not repaying the loan, but it was unreasonable to ask the defendant to pay the service charge of the loan at the same time. The defendant Li XX went to lawyer Liang Lei for litigation, and the court found that the act of re lending was invalid, and the defendant did not need to pay the service charge Detailed case>
Win the lawsuit Lending disputes, helping the parties recover their arrears

Agent: plaintiff result: Win the lawsuit

My value: Safeguard the legitimate rights and interests of the parties according to law. Detailed case>

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