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How to prove that it is not a joint debt?

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How to prove that it is not a joint debt?


        

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  • 2024-06-06 08:00:03

    1、 The method to prove that it is not a joint debt is as follows:

    1. It shall be proved by providing documentary evidence, material evidence, witness testimony and other evidence that the debtor is assumed in the name of one party and used for the personal use of one party.

    2. It can also prove that the loan is not a joint debt if it proves that one party uses the loan for personal illegal and criminal activities.

    2、 Personal debts of husband and wife include:

    1. The debts of men and women before marriage, that is, the debts owed by one or both parties before marriage. At the time of divorce, it is generally still regarded as personal debt, which shall be paid by the individual.

    2. Debts agreed by both parties to be borne by individuals, except for the purpose of evading debts.

    3. Without the consent of the other party, one party raises funds to engage in business activities alone, and its income is not used for the debts incurred by the common life.

    4. Debts incurred by one party for gambling, drug taking and other illegal and criminal activities.

    5. Other debts that should be borne by individuals.

    [Legal Basis]

    Article 1064 of the Civil Code of the People's Republic of China states that the debts incurred by the joint declaration of intention, such as the joint signature of both husband and wife or the subsequent ratification of one of the husband and wife, as well as the debts incurred by one of the husband and wife in the name of an individual for the daily needs of the family during the existence of the marriage relationship, belong to the joint debts of the husband and wife.

    The debts incurred by one of the husband and wife in their personal name during the existence of the marriage relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, unless the creditor can prove that the debt is used for the husband and wife's common life, production and operation, or based on the joint intention of the husband and wife.

    No***

    2024-06-06 08:00:03

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