On the determination of husband and wife's personal debts

Even husband and wife will fight for property, but in real life, you know how to determine Individual debt of husband and wife and Conjugal debt Is it? Next, we will introduce the above two issues to you in detail. I hope Nomogram The answers given by the editor can help you.

Personal debts of husband and wife generally refer to the debts owed by one party before marriage debt After marriage, it has nothing to do with the common life, but squanders the debt to meet personal desires. According to the provisions of the judicial interpretation, Personal debt It mainly includes the following contents:

1. The husband and wife agree that the debts shall be borne by themselves, except for the purpose of evading debts;

2. Without the consent of the other party, one party grants funds to the other party without the consent of the other party support Obligations of relatives and friends of obligations;

3. One party, without the consent of the other party, raises funds independently to engage in business activities, and its income is not actually used for the debts incurred by the common life;

4. Other debts that should be borne by individuals.

The debts of the husband and wife alone should be paid off with their personal property. If the debtor is really unable to repay, the other party can also be persuaded to repay, but it must be voluntary, and one party should not be forced to repay the debts for the other party. However, debts incurred in the name of individuals that are really used to maintain the common life of the family shall be considered as joint debts.

If the property acquired by both parties during the marriage relationship is agreed to belong to each other, the debts of the husband or wife shall not be against the third party. If the third party does not know the agreement, it shall still be treated as joint debt of husband and wife. If the third party knows the agreement, it shall pay off with the property owned by the husband or wife.

For personal debts incurred by one party before marriage, creditor towards obligor The people's court shall not support the claim of the spouse of. However, unless the creditor can prove that the debt is used for the married family to live together.

Extended supplement:

How to recognize the joint debt of husband and wife  

The People's Republic of China Marriage Law 》Article 41 stipulates that: divorce The debts originally incurred by the husband and wife in their common life shall be repaid jointly. The Supreme People's Court's Decision on the Handling of Divorce Cases by People's Courts Division of property Article 17 of Several Specific Opinions on Issues stipulates that the husband and wife live together or perform raise 、 support Obligations and other debts shall be recognized as joint debts of husband and wife, and shall be Conjugal property to discharge. Article 43 of the Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (for trial implementation) stipulates that during the duration of the marital relationship, if one party engages in self-employed or contracted business, its income shall be the joint property of the husband and wife, and the debts shall also be paid off with the joint property of the husband and wife. It can be seen from the above provisions that the statement on the joint debt of husband and wife in China can be summarized as: during the duration of the husband and wife relationship, one or both of the husband and wife live together for the husband and wife or have a debt with a third person for the purpose of performing the obligations of upbringing and maintenance or for the common interests of the husband and wife. In judicial practice, it is generally believed that the following debts should be joint debts of husband and wife:

1. A joint loan in the name of both husband and wife should be recognized as a joint debt of both husband and wife, no matter whether the loan is used for the personal use of one party or for the joint use of both parties;

2. Borrowing money in the personal name of one of the husband and wife, but the borrowed money is really used for common life or joint operation, as long as the other party acknowledges it or the creditor can prove it, it should be recognized as joint debt of the husband and wife;

3. The relationship between husband and wife worsened although separation However, one party does raise children due to performance Supporting the elderly The debt incurred by the obligation should be recognized as the joint debt of the husband and wife;

4. The debts incurred due to losses caused by legal business activities, whether operated by one spouse or jointly operated by both spouses, shall be recognized as joint debts of spouses;

5. For engaging in Illegal operation Or debts incurred due to losses due to prohibited business activities, if the activity is jointly operated by both the husband and wife, or if one of the husband and wife carries out the activity but the other party knowingly does not object, such debts shall also be recognized as joint debts of the husband and wife.

It can be seen from the above that there are two types of marital personal debts. One is the personal debt owed by the husband or wife before marriage, and the other is the debt owed by the husband or wife after marriage to meet their personal desires. If you have other questions about determining the husband and wife's personal debt, you are welcome to consult us at any time, and we will give you specific answers as soon as possible.