Whether to sue for divorce when there is debt
Lawyer's analysis:
In case of debt, you still enjoy Bring a lawsuit to the court , seeking divorce The power of the solution. Divorce is the legal right of every man and woman. However, when it comes to Common debt We need to debt Conduct legal and reasonable division according to relevant laws statute According to the provisions of, common debts must also be shared by both men and women. Therefore, as long as there is joint debt, you still have the right to choose to end this marriage. When the relationship between husband and wife is still in Duration In general, the debts owed by either party in its name are considered as joint debts of husband and wife, unless such debts are illegal, such as gambling or suspected Illegal criminal activities Otherwise, both the male party and the female party shall be responsible for such debts. However, if one of the parties can provide evidence If it is proved that this part of debt is actually only personal debt and does not involve the other half, then the creditor has the right to independently face the requirements of the creditor. It should be emphasized that personal liabilities mainly include the following two types: creditor and obligor It is clearly agreed that the debt belongs to Personal debt ; The other refers to the relationship between husband and wife Duration The acquired property has made a separate ownership agreement. If the husband and wife, assuming that the person is a man or a woman, borrow money and the third party knows the existence of the agreement, then the debt must be paid from the party's property.
Legal basis:
Article 1089 of the Civil Code of the People's Republic of China
At the time of divorce, the husband and wife shall jointly repay their debts. If the joint property is not enough to pay off or the property belongs to each other, the two parties shall reach an agreement to pay off; If the agreement fails, the people's court shall make a judgment.
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