Whether Wife Can Sue for Divorce by Concealing Debts

Divorce refers to the act of dissolving the marital relationship according to the conditions and procedures stipulated by the law during the life of both husband and wife. Divorce means the end of the marital relationship, which will bring about changes in property relations, child support relations, etc. According to the actual situation of divorce, there are two ways: agreement divorce and litigation divorce. Divorce is not a glorious thing. It is a loss to either party. Of course, this does not mean that divorce is not allowed. When the conditions for divorce are met, couples can get together and get separated easily!

2024-06-20 18:10:16 Helped 1929 people

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Whether Wife Can Sue for Divorce by Concealing Debts

If in the process of marriage, the spouse does not publicly disclose the debt If it is impossible to prove that the marriage relationship has large cracks, the court will not take the initiative to leave.
The debt before marriage belongs to Personal debt According to law, individual cases should bear the liability for repayment.
Generally speaking, the debts of premarital cases should not be changed into joint debts during marriage;
However, in judicial practice, it does exist that personal debts before marriage are converted into joint debts after marriage, including:
(1) When one party buys by mortgage before marriage buy a house After marriage, both parties live or use the house together. In this case, the debt before marriage can be regarded as the debt after marriage;
(2) Or, some premarital people borrowed money to buy many marry Articles, which are used for the needs of both husband and wife after marriage. Under such circumstances, pre marital debt can also be transformed into post marital joint debt;
(3) Another example is that when borrowing money before marriage to decorate a house, the house will be used by the husband and wife after marriage cohabitation Living or using;
(4) Moreover, if the couple and creditor Reach an agreement and agree that the personal debts of one of the parties shall be shared by the husband and wife. 《 Civil Code 》Article 1079
Requirements of one spouse divorce The case may be mediated by the relevant organization or brought directly to the people's court Divorce proceedings 。
When hearing divorce cases, the people's courts shall conduct mediation; Divorce shall be granted if the relationship has really broken down and mediation has failed.
Divorce shall be granted if mediation fails in any of the following circumstances:
（1） Bigamy or cohabitation with others;
（2） Implementation Family Violence Or maltreat or abandon family members;
（3） Gambling, drug abuse and other bad habits persist in teaching;
（4） Because of emotional discord separation Two years;
（5） Other causes Couple's feelings are broken The situation of.
Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.
Divorce shall be granted if one party files a divorce lawsuit again after the people's court has ruled that divorce is not allowed and the two parties have lived apart for one year.

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