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At the time of divorce, the joint debts of the husband and wife need to be paid together. If the property is insufficient or divided equally, it should be settled through negotiation; If the negotiation fails, the court will intervene. The spouse is not responsible for personal debts before marriage unless they are used for family life after marriage. No matter how the third party claims, the court will not support the debts arising from gambling and drug crimes.
#Creditor's rights and debts
880 readings
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During the divorce period, in the face of the spouse's unauthorized lending and malicious transfer of property, the other party can apply for property preservation through the court to prevent the loss from expanding; Advocate the court to intervene and divide the common property fairly; If the other party fabricates debts and damages the common property, the court may, at its discretion, distribute less or no of its property; If it is found that there is still property transfer after divorce, it can continue to be audited and recovered through legal channels.
#Creditor's rights and debts
1047 readings
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According to our Civil Code, unless it can be proved that the personal debt exceeds the daily living expenses of the family and is used for living or operating together, the personal debt of the husband or wife during the marriage period is usually not considered as joint debt. Creditors need to provide clear evidence to show the common attributes of debt in order to break this principle.
#Creditor's rights and debts
1065 readings
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In the debt litigation, the spouse is not necessarily responsible, unless the debt is used for the couple's common life, it is considered as joint debt at this time. General personal debts do not involve spouses, but may involve common property during execution. After the marriage ends, if the debt is used for living together, both parties still need to share the responsibility of repayment.
#Creditor's rights and debts
1430 readings