Whether to sue for divorce when there is debt
Lawyer's analysis:
In case of debt, you still have the right to file a lawsuit to the court litigation , seeking divorce The power of the solution. Divorce is a legal right that every man and woman has, however debt We need to divide these debts legally and reasonably 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 existence, the debts owed by either party in its name are generally considered as joint debts of husband and wife. Unless such debts are illegal, such as those incurred in gambling or suspected illegal and criminal activities, either the man or the woman must 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 is that the husband and wife have made an agreement on the ownership of the property acquired during the marriage relationship. If the husband and wife, assuming that the person is the man or the woman, borrow money from others and the third party knows the existence of the agreement, the debt must be paid from the property of the party.
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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