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What to do after marriage, debt, divorce

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What to do after marriage, debt, divorce


        

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  • 2024-06-21 21:00:55

    At the time of divorce, the marital debt should be recognized and divided first. If it is a personal debt of the husband and wife, the debtor should repay it by himself or herself. If it is recognized as a joint debt of the husband and wife, it needs to be repaid by the joint property of the husband and wife. If the joint property is insufficient to repay, or the property belongs to their own, the two parties should agree to repay it. If the agreement fails, the people's court should make a judgment.
    For the determination of the joint debt of husband and wife, we can refer to the latest judicial interpretation issued in 2020.
    Article 1 of the interpretation stipulates that the debts incurred by the joint declaration of intention, such as the joint signature of the husband and wife or the subsequent ratification of one of the husband and wife, shall be recognized as joint debts of the husband and wife.
    Article 2 stipulates that the people's court shall support the creditor's claim for the rights of one of the husband and wife's debts incurred in their personal name for the daily needs of the family during the existence of the marriage relationship on the ground that they are joint debts of the husband and wife.
    Article 3 stipulates that if one of the husband and wife owes debts in his or her own name that exceed the needs of the family's daily life during the existence of the marriage relationship, and the creditor claims rights on the ground that they are joint debts of the husband and wife, the people's court will not support them, except that the creditor can prove that the debts are used for the husband and wife's common life, joint production and operation, or based on the joint intention of the husband and wife.

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