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When facing the common debt in marriage, the husband and wife should distribute it fairly according to law. Even if there is a separate debt of one party, such as illegal debt or private financial debt, the other party can refute the creditor's recovery through evidence. The ownership of debt can be divided according to the agreement (personal debt statement) or legal agreement (post marriage property rights agreement). If the debt is consistent with the agreement, the debt will only be borne by personal property when the third party knows it. At the time of divorce, the handling of such debts will not affect the filing of divorce applications.
#Creditor's rights and debts
802 readings
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The handling of joint debts during divorce is the focus of legal attention. Both husband and wife are obliged to share the legal debts incurred during marriage, unless illegal debts, such as those caused by gambling or crime, are involved. If one party needs to prove that it is an individual debt, the joint repayment liability can be excluded by evidence. In general, debts in the name of one party are regarded as joint debts, but if both parties have a clear personal debt agreement or property separation agreement in advance, and an informed third party approves, the agreement shall prevail. Divorce does not affect the division of debts and ensures fairness and reasonableness.
#Creditor's rights and debts
856 readings
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Even in the face of bank arrears, the right to divorce will not be affected. The joint debts of husband and wife should be fairly divided, except for illegal or personal debts. If one party can prove that it is a personal debt, the other party does not have to bear it. General personal debts shall be handled according to the agreement. If the third party is aware of the property agreement, the debt ownership will be carried out according to the agreement. At the time of divorce, the rights and interests of all parties may be protected in accordance with the law.
#Creditor's rights and debts
1477 readings
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In the divorce indictment, the joint debt should be clearly mentioned. The indictment should be written in a clear structure, focusing on the key disputes in the process of marriage change. Personal debts that are not necessary for daily life are not usually regarded as joint debts, but if they can be proved to be caused by the joint act of husband and wife, they will be recognized. After one party dies, the surviving party shall be jointly and severally liable for the joint debts during the marriage.
#Creditor's rights and debts
1067 readings
