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Whether the guarantee can involve the wife

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Whether the guarantee can involve the wife


        

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  • 2024-06-06 04:00:00

    If the husband uses his personal property or the joint property of the husband and wife to provide guarantee for others without authorization, the personal debt belonging to the guarantor will not affect the wife; If the husband uses the joint debt of the husband and wife to provide guarantee for others after the consent of the wife, or the debt is used for the family life, which belongs to the joint debt of the husband and wife, the wife will be involved.

    1、 The recognition method of joint debt of husband and wife is as follows:

    1. 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;

    2. The debts that one of the husband and wife bears for the daily life needs of the family in his own name during the marriage relationship;

    3. The debts that one of the husband and wife bears in his or her personal name in excess of the daily life needs of the family during the duration of the marriage relationship.

    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.

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